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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Debjyoti Ghosh – Appellant
Versus
Jawaharlal Nehru University, New Delhi-110067 – Respondent
W.P.(C) 17636 of 2022
Decided On : 15-02-2023
Mandamus - Extension of Thesis Submission - Academic Ordinance 2016 - UGC Public Notice - Court dismissed the petition seeking extension of time for completion of M.Phil/Ph.D integrated course beyond the prescribed period, citing the Academic Ordinance and UGC public notices as the basis for the decision.
Fact of the Case:
The petitioner sought a writ of mandamus to waive off the campus lockdown period and provide an extension period for completing the M.Phil/Ph.D Integrated Course (2016-2022) batch beyond 31.12.2022. The petitioner's thesis submission was delayed due to the Covid-19 lockdown, and the University had granted extensions to other batches.
Finding of the Court:
The court found that the Academic Ordinance stipulated a six-year period for thesis submission, and the UGC had issued public notices extending the submission deadline for terminal M.Phil/Ph.D students. The court dismissed the petition, stating that the petitioner's name stood removed from the rolls of the University as per the Academic Ordinance.
Issues: The main issue was whether the petitioner was entitled to an extension of time for thesis submission beyond the prescribed period due to the Covid-19 lockdown.
Ratio Decidendi: The court relied on the Academic Ordinance and UGC public notices to determine the petitioner's entitlement to an extension. It emphasized that the Academic Ordinance provided for automatic removal from the rolls if the thesis was not submitted within the stipulated period.
Final Decision: The court dismissed the petition, stating that the petitioner's name stood removed from the rolls of the University as per the Academic Ordinance, and there was no justification to extend the period beyond what had already been granted by the University.
JUDGMENT
1. The petitioner in the instant petition under Article 226 of the Constitution of India seeks the issuance of a writ in the nature of mandamus directing respondent No.1-Jawaharlal Nehru University (hereinafter referred to as `University') to waive off the campus lockdown period from 15.03.2020 to 05.02.2022 and provide the extension period for another year to complete M.Phil/Ph.D Integrated Course (2016-2022) batch beyond 31.12.2022.
2. The petitioner is a resident scholar of M.Phil/Ph.D Integrated Course in the respondent No.1-University belonging to the batch of 2016-2022 at the Centre for Historical Studies, School of Social Sciences. The petitioner vide an order dated 26.11.2020 passed by respondent No.1-University was informed that the Committee for Advanced Studies and Research had approved the confirmation of his admission to the Ph.D programme w.e.f. 22.07.2018.
3. Since there was some delay in the submission of the thesis, therefore on 11.11.2022 (Annexure P-10), the petitioner along with other students of the 2016-2022 batch submitted an application to the Vice Chancellor of the respondent No.1-University seeking an appointment to discuss an extension for submission of their theses. They stated that the students of their batch received only six months of extension in total, whereas, all other Ph.D students received much longer extensions. It is the case of the petitioner that without granting any time to discuss or to grant any further extension, the University, vide circular dated 19.12.2022, directed the terminal batches to submit their theses by 31.12.2022 failing which their M.Phil/Ph.D admissions were directed to be de-registered.
4. Learned counsel appearing on behalf of the petitioner submits that his course is governed by an Ordinance of the University known as Academic Ordinance, 2016 (hereinafter referred as the `Academic Ordinance'). According to him, the petitioner was required to submit his thesis within six years of his initial admission to the M.Phil/Ph.D Integrated programme or four years from the date of confirmation to the Ph.D programme, whichever is earlier. According to him, after two years of M.Phil, two more years were devoted to complete the research proposal and synopsis; and another two years were required to conduct the research work and prepare the thesis. At every stage, the academic work is evaluated by the appropriate work committee to ensure the progress of scholars in the selected field of research as per applicable norms.
5. He states that due to Covid-19, on 19.03.2020, the University closed its library, classrooms and hostels. The research scholars were asked to vacate the campus for their native places. He states that the campus facilities completely opened to the scholars only in the month of February, 2022 and, therefore, the situation was beyond the petitioner's control for 23 months. He states that the University Grants Commission (hereinafter referred to as `UGC') and the respondent No.1-University extended the date of submission from June 2020 to 31.12.2022 for the terminal batches of 2019 and 2020 i.e., five semesters; from June 2021 to 31.12.2022 for the 2021 batch i.e., three semesters; and June 2022 to 31.12.2022 for the 2022 batch i.e. one semester. He, therefore, states that when longer period is given to the other batches, there is no justification to deny equal period of extension to the batch of the petitioner. According to him, the respondents have selectively chosen to waive off the lockdown period for the scholars of different batches.
6. He, while placing reliance on Clause 8.1 of the Academic Ordinance states that 48 months time period is prescribed to submit Ph.D theses to scholars, whereas, the petitioner and his batchmates were effectively provided with academic facility for only 32 months to carry on their research work and submit their theses. He also states that clause 9 (b) of the Academic Ordinance can be invoked by the research scholars
The court emphasized the importance of complying with the Academic Ordinance and completing research work as per the stipulated requirements.
Exceptional circumstances, such as the Covid-19 pandemic, may warrant the grant of an extension for completion of academic programmes, even in the absence of specific provisions in the rules.
The absence of specific time limits prescribed by the University Grants Commission for completing PhD courses and submitting the thesis, leaving the framing of rules and regulations to the universiti....
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
The court determined that the university's denial of examination permission based on attendance was arbitrary, emphasizing the need for adherence to judicial directives and consideration of individua....
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