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1996 Supreme(Kar) 116

Karnataka High Court
S.KUMUDA - Appellant
Versus
BANGALORE UNIVERSITY AND OTHERS - Respondent
Decided On : 02-16-96

The withdrawal of provisional registration must be in accordance with the specified conditions and cannot be exercised without conducting the pre-ph. d. examination within the stipulated time.

Headnote:

petition - ph. d. course in 'child psychology' - Bangalore University Act, Regulations 1.1, 1.2, 2, 2.3, 2.4, 2.5, 2.6, 2.13, 2.14 - The court held that the cancellation of provisional registration was without power and jurisdiction as the pre-ph. d. examination was not conducted within the stipulated time. The court directed the respondents to hold the pre-ph. d. examination and accept the petitioner's thesis for evaluation.

Fact of the Case:

The petitioner sought direction to accept her thesis for ph. d. course in 'child psychology' after her provisional registration was withdrawn by the university. The petitioner alleged that she had fulfilled the eligibility requirements and spent significant time and resources on her research.

Finding of the Court:

The court found that the cancellation of provisional registration was unjustified as the pre-ph. d. examination was not conducted within the stipulated time. The court also held that the petitioner had acted in pursuance of the provisional registration without fault and directed the respondents to hold the pre-ph. d. examination and accept the petitioner's thesis for evaluation.

Issues: The main issue was the validity of the withdrawal of the petitioner's provisional registration for the ph. d. course in 'child psychology' by the university.

Ratio Decidendi: The court held that the withdrawal of provisional registration was without power and jurisdiction as the pre-ph. d. examination was not conducted within the stipulated time. The court also applied the doctrine of estoppel, considering the petitioner's actions in reliance on the provisional registration.

Final Decision: The court allowed the writ petition, declared the withdrawal of provisional registration as void and directed the respondents to hold the pre-ph. d. examination and accept the petitioner's thesis for evaluation.

H. N. TILHARI, J.

( 1 ) THIS petition under articles 226 and 227 of the Constitution of India has been filed by the petitioner who had been provisionally registered for ph. d. course in 'child psychology' seeking direction to the respondents to accept the thesis prepared by her on the subject 'an experimental study on the role of message inadequacy in causing communication failure in children' when it was submitted. The petitioner has also sought for the issuance of writ, order or direction in the nature of writ of certiorari quashing the communication of the respondents bearing No. Aca v/ph. d/regn/psy/88-89, dated 6th july, 1989. The petitioner has also sought a direction to complete all formalities connected with ph. d. examinations and such other reliefs as the court may deemed fit.

( 2 ) THE petitioner's case, as per allegations made in the writ petition is that the petitioner after having completed the master's degree in home science with specialisation in 'child development' applied for registration in ph. d. degree course in the area of child psychology in the year 1986 vide application dated 21st august, 1986.

( 3 ) THE petitioner's further case is that she was allowed to do the research work in the area of 'child psychology' with the subject and title of research as 'an experimental study on the role of message inadequacy in causing communication failure in children' and the petitioner was listed for the said research work under the guidance of one Dr. A. Sridhara, reader in the department of psychology, aps college, Bangalore affiliated to the Bangalore university-respondent 1. Dr. A. Sridhara is also a recognised guide of the university. The petitioner's case is that after considering the various relevant factors to assess the eligibility of the petitioner to take the research work on the chosen problem, she was granted a provisional registration on 14-6-1988. The petitioner thereupon submitted her synopsis and also the half yearly report to her guide on 19th october, 1988. The guide of the petitioner had made correspondence with the head of the department - psychology seeking conducting of pre-ph. d. examination. The petitioner has been awarded a doctorate fellowship for her chosen work by the Indian council of social science research. The fellowship was fixed at Rs. 1,200/- per month and contingency grant of Rs. 3,000/- per annum had also been allowed. On two counts, the petitioner received a sum of Rs. 8,700/- from the council and she spent the entire amount for the purpose of research work. During the course of her intensive and immense study, the petitioner had interaction with as many as 800 children. A copy of the fellowship award has been enclosed to the writ petition. The petitioner has filed this writ petition at the time when her thesis was on the verge of completion and was ready to be submitted.

( 4 ) THE petitioner made several representations, last of which was on 30th december, 1988 for holding pre-ph. d. examination. But, instead of holding pre-ph. d. examination, the university authorities issued the communication dated 6th july, 1989 to the effect that committee of deans had recommended the provisional registration granted in favour of the petitioner on the subject of psychology be withdrawn and that possibility of petitioner's case for ph. d. registration in home science should be considered by faculty of science to be founded. It is mentioned in the letter copy of which is at Annexure-F that it was resolved that the problem to be taken by the petitioner for registration for ph. d. in psychology is not interdisciplinary and there is no psychology aspect in it and it is further resolved to recommend the registration to science faculty. The last part of the letter reads as under:"therefore, your application will be placed before the ph. d. registration committee in home science which is being constituted and the decision of the committee will be informed in due course". having felt aggrieved with t













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