IMPORTANT POINT
The cancellation of Ph.D. registration must follow the prescribed procedure and be based on a correct interpretation of the relevant ordinance.

JUDGMENT (Oral)

1. On the ground that the petitioner Aftab Alam took employment within two years of his registration in the Ph.D. program with the respondent Jamia Milia Islamia (JMI), the JMI has cancelled the petitioner's Ph.D. registration vide communication dated 15 December 2020. The petitioner seeks quashing thereof.

Facts

2. The petitioner enrolled with the Ph.D. program in the Department of Teachers Training and Non-Formal Education of JMI on 3 August 2018.

3. On 25 February 2020, the following certificate was issued, signed by the petitioner's supervisor and by the Head of his Department:

"JAMIA MILIA ISLAMIA

Department of Teacher Training & Non-Formal Education

(Institute of Advanced Studies in Education)

Faculty of Education

25th February, 2020

To Whom It May Concern

It is certified that Aftab Alam, who had been registered in Ph.D. Programme in August 2018 in the Department of Teachers Training and Non-Formal Education (I.A.S.E.), Faculty of Education, Jamia Millia Islamia, New Delhi-110025. He has completed his all field work related to Ph.D.

It is ensured that he will not be engaged hereafter in the department in any way.

(Prof. Naheed Zahoor) Supervisor

(Prof. Sara Begum) Head

4. On 27 February 2020, the Head of the petitioner's Department issued the following communication to the Maulana Azad National Urdu University (MANUU), to whom the petitioner had applied for appointment as Assistant Professor, thus:

"27.02.2020

The A.R.

Establishment & Recruitment Branch

Maulana Azad National Urdu University

Hyderabad

Sir,

This is with reference to the applications given by following students who have been selected as Asst. Prof. in Education and pursuing Ph.D. in our department. They have applied for converting the full time Ph.D. programme to part-time Ph.D. programme with immediate effect. It will be presented in the forthcoming (2 or 3 months) DRC/B.O.S for approval as the university has provision for in-service part time programme in such conditions. (as per Jamia ordinance reference to M.Phil./Ph.D. regulation of ordinance 9/2(i).

All the following scholars are relieved from full-time Ph.D., work with immediate effect and may be allowed to join the service.

With best regards

Thanking you

Yours Sincerely

(Prof. Jessy Abraham)

Head"

5. At this point, it becomes necessary to reproduce Clause 9(j) and 10(b)(vi) of Ordinance IX of the Ordinances governing the M. Phil./Ph.D. programs in the JMI, thus:

"9. General Guidelines for Scholar

j) No scholar shall take any employment during the first two years of registration. If scholar wishes to take up employment after two years he/she must apply, through RAC[Research and Advisory Committee] , to DRC^[Departmental Research Committee^] /CRC^[Centre's Research Committee^] for conversion of status into in- service scholar.

10. Cancellation of Registration

b) The DRC/CRC shall recommend to the BoS/CoS the cancellation of the registration of a scholar on:

*****

(vi) He/she has taken employment within two years of registration."

6. On 28 February 2020, the MANUU appointed the petitioner as Assistant Professor-Education.

7. The DRC, in its meeting dated 19 March 2020, noted the fact that the petitioner, who had joined the MANUU, had requested to retain his Ph.D. registration as an in-service Scholar, and accepted the request in terms of Clause 2 (i) of Ordinance IX, which reads:

"i) In-Service scholar:The government employees in NCR, including defence personnel and JMI employees, who wish to pursue the M.Phil./Ph.D. programme, while continuing their duties in service, shall be permitted to work as an in-service scholar but fulfilling the requirement of the admission procedure laid down in Para 2 and the requirement of course work as per Para 4.

Provided that

(i) The candidate is working in Academic/Research organisation in HEI.

(ii) To the satisfaction of DRC/CRC that duties in his/h