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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
MEGHUBHA KHETSINH SODHA – Petitioner
Versus
STATE OF GUJARAT – Respondent
Special Civil Application No. 22652 of 2019, Civil Application No. 2 of 2020
Decided On : 23-09-2021
Constitution of India, 1950 – Article 226, 254 – University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degrees) Regulations, 2016 – University Grants Commission Act, 1956 – By this petition under Article 226 of Constitution of India, petitioner has prayed for reliefs – Held, However, it is pertinent to note that seperate terms and conditions are to be prescribed by each Institution or University and in such circumstance, when respondent No. 2-University under powers conferred by Section 28 of Kachchh University Act, 2003 read with Ordinance 89.4 has passed a resolution with regard to making it compulsory for students who have passed M.Phil. degree to appear in the Entrance Test to be conducted for Ph.D. programme, it cannot be said to be contrary to provisions of Regulations, 2016 – It is also pertinent to note that respondent No. 4-UGC has also made it clear in affidavit-in-reply filed before this Court that there is no provision in Regulations, 2016 with regard to waiver of entrance test or interview for any of category of students – Such averment is further fortified by amended Regulation of 2018 which prescribes weightage for entrance test and interview for admission in Ph.D. degree programme – Petition dismissed.
ORDER :
1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
(B) Pending hearing and final disposal of this Petition Your Lordships be pleased to Stay the admission process of Admitting and selecting Studies its through Entrance Test scheduled on 22nd December, 2019 for the academic year 2019-2020 in connection with Ph.D. Programme in the interest of justice.
(C) Pending hearing and final disposal of this Petition Your lordships be pleased to direct the Respondents not to declare Result qua Ph.D. Entrance Examination scheduled on 22nd December, 2019 if there is no stay, AND final decision we be subject to outcome of this Petition in the interest of justice.
(D) Your Lordship be pleased to grant such other and further reliefs as deemed just and proper by this Hon’ble Court in the interest of justice.”
2.1. It is the case of the petitioner that the petitioner has cleared and passed Master of Philosophy (for short ‘M.Phil.’) degree from the respondent No. 2-University.
2.2. According to the petitioner, as the petitioner has obtained the M.Phil. degree, the petitioner is not required to appear for entrance examination for Ph.D. degree and petitioner is required to be exempted from entrance examination for the Ph.D. degree which is held by the respondent No. 2-University as per the advertisement dated 22nd December, 2019.
3.1. For the aforesaid submission, learned advocate Mr. Das relied upon the various provisions of the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degrees) Regulations, 2016 (for short ‘Regulations 2016’).
3.2. Learned advocate Mr. Das relied upon clause 3.2 pertaining to the eligibility criteria for admission to Ph.D. programme and clause 5.1 prescribing procedure for admission and submitted that as per both the clauses of the Regulations, 2016, petitioner is required to be exempted from the entrance examination which is conducted by the respondent No. 2-University as the petitioner has passed M. Phil. course.
3.3. It was submitted that the respondent No. 2-University cannot frame its own Regulations contrary to the Regulations, 2016 in view of the Article 254 of the Constitution of India.
3.4. Learned advocate Mr. Das submitted that the University Grants Commission Act, 1956 authorises the University Grants Commission (for short ‘the UGC’) to frame Regulations under Section 26 of the said Act and accordingly, the Regulation 2016 are framed and hence, the respondent No. 2-University cannot frame any Regulation contrary to the Regulations framed by the UGC.
3.5. It was submitted that the mandatory provision binding upon the respondent No. 2-University clearly indicates that students who has successfully cleared M.Phil. are eligible to do research work leading to the Ph.D. degree in the same Institution, but the advertisement does not exempt the students who have passed M.Phil. from the respondent No. 2-University and hence, such advertisement is required to be quashed qua the petitioner and the petitioner should be directly permitted to do the research work for Ph.D. degree.
3.6. Learned advocate Mr.Das relied upon the decision of the Apex Court in case of University of Delhi vs. Anand Verdhan Chandal, 2000 (10) SCC 948 to submit that the education is a fundamental right and such question is finally decided by the Apex Court in the case of Unnikrishnan J.P. and Others vs. State of A.P. and Others, 1993 (1) SCC 645.
3.
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