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2016 Supreme(Ker) 1341

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHAJI P.CHALY, J.
Veena Vijayan G., Assistant Professor, Sree Krishna College of Pharmacy and Research Centre, Thiruvananthapuram - Appellant
Versus
The Kerala University Rep. By its Registrar - Respondent
WP(C).No. 24683 of 2017
Decided On : 24-10-2017

Advocates Appeared:
For the Appellant : Sri. Liju. V. Stephen, Smt. Indu Susan Jacob
For the Respondent: Sri. Thomas Abraham, Sc, Sri. P. Sreekumar, Sc.

Headnote:Kerala University of Health Sciences Act 2010, S. 50 -In my restrained estimate, when a law is accepted into authority in instruction to offer charge to specific stream of courses under the 3rd respondent University, no additional announcement is compulsory.

JUDGMENT :

1. This writ petition is filed by the petitioners seeking direction to the respondents to consider Exts.P5, P9, P15, P18 and P21 representations and register the petitioners as Research Scholars in Pharmaceutical Sciences and Nursing for the July Session, 2017 of Ph.D. programme, in accordance with law, and for a further direction to respondents 1 and 2 to include the subjects Pharmaceutical Sciences and Nursing in the list of subjects given, so as to enable the petitioners to submit online application, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

2. According to the petitioners, they satisfy the qualification and eligibility criteria for registration as Research Scholars (Ph.D) in Pharmaceutical Sciences and Nursing offered by the 1st respondent University. Approved Research Guides of the 1st respondent University have given their consent to guide the petitioners. The Research Centre of 1st respondent University has also given approval for petitioners' research. In the last notification for Ph.D. entrance Examination issued by the 1st respondent University, the subjects offered included Pharmaceutical Sciences and Nursing.

3. The 1st respondent University has issued Ext.P24 notification inviting application for registering in the July Session, 2017 for Ph.D programme. However, the 1st respondent University has unilaterally and without any prior notice, did not provide Pharmaceutical Sciences and Nursing as options in the online application portal, as a result of which, petitioners were not able to submit their online application for registration. Therefore, it is the contention of the petitioners that, consequent to the arbitrary action of the 1st respondent University, right of the petitioners to pursue Research (Ph.D) is put in peril, and thereby denying all prospects for their career advancement.

4. First and second respondents have filed a joint statement. Among other contentions, it is submitted that, based on the recommendation of the Standing Committee of the Academic Council held on 27.06.2017, the University decided that no further registration to the Ph.D. Programme be granted in research centres already affiliated to the 3rd respondent University viz., Kerala University of Health Sciences (KUHS), since they have started research registrations of their own. Further, it is stated that, only G-PAT qualified candidates or students qualified for Ph.D. entrance conducted by the University of Kerala or Kerala University of Health Sciences shall be considered for Ph.D registration at the College of Pharmaceutical Sciences, Government Medical College, Thiruvananthapuram. The above research centre comes under the KUHS since 2010-2011 academic year, and is now no longer under the University of Kerala. However, the petitioners by virtue of having qualified the entrance test conducted by the University of Kerala, can very well register under the 3rd respondent, if otherwise eligible, as clearly stated in Ext.P3 Government Order. The said Government Order was intended for Ph.D. registration under the 3rd respondent and not under the University of Kerala, as contended by the petitioners. The petitioners are qualified to register as per the rules of the 3rd respondent University with the G-PAT score they have secured in 2017.

5. Dr. Aravind P., being a regular faculty currently working in the College of Pharmaceutical Sciences, Government Medical College, Thiruvananthapuram is no longer a research supervisor of the 1st respondent University for fresh registration as per the Regulations for the award of Ph.D. Degree of the 1st respondent framed in tune with the UGC Regulations, 2016. Only regular faculty working in the Departments/affiliated Colleges/Research Centres approved by the 1st respondent University and coming under its jurisdiction are considered to be research supervisors of the University. Since the 3rd respondent University has started registration of its own
















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