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C. HARI SHANKAR
Aftab Alam – Appellant
Versus
Jamia Millia Islamia – Respondent
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
The cancellation of Ph.D. registration was upheld based on the unsatisfactory performance of the petitioner and the university's adherence to proper procedure.
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
Cancellation of Ph.D registration under Regulation 32.2 does not require prior inquiry or corrective measures unlike Regulation 24.3, as per the court's interpretation.
The tenure of a research Scholarship shall be three years counted from the date of joining. The initial award shall however, be released for one year and then renewed from year to year up to the thir....
Education Law - Admission - Integrated Ph.D. programme on part time - Statutes and Regulations - It is well settled that if the provision of law is explicitly clear, unambiguous and interpretation le....
Principles of natural justice necessitate an opportunity to be heard before cancellation of admission; failure to provide this renders the decision invalid.
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