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N. NAGARESH
A. A. Gopi – Appellant
Versus
Mahatma Gandhi University – Respondent
JUDGMENT :
N. NAGARESH, J.
The petitioner, a Research Scholar, has approached this Court seeking to quash Ext.P1 and to direct the respondents to restore the registration of the petitioner cancelled as per Ext.P1.
2. The petitioner is an Assistant Professor of Department of Philosophy of the Sree Sankaracharya University of Sanskrit, Kalady. The petitioner states that he is a Research Scholar. He obtained registration (2020 Admission) for Ph.D Degree at the School of Gandhian Thought and Development Studies in Mahatma Gandhi University, Kerala.
3. The petitioner states that he was doing research studies diligently and seriously. In the meanwhile, the petitioner was served with Ext.P1 order dated 31.10.2022 cancelling the Ph.D registration of the petitioner alleging lack of regular attendance in research activities.
4. The petitioner states that Ext.P1 order was issued without any show-cause notice regarding the alleged unsatisfactory performance of the petitioner. The petitioner therefore submitted Ext.P2 representation with the 2nd respondent-Vice Chancellor. The petitioner had undergone treatment for post traumatic pain (neck and upper back) and was advised to avoid strenuous work and
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 cancellation of Ph.D. registration was upheld based on the unsatisfactory performance of the petitioner and the university's adherence to proper procedure.
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....
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
Principles of natural justice necessitate an opportunity to be heard before cancellation of admission; failure to provide this renders the decision invalid.
Admission to academic programs must adhere to the prescribed procedures and regulations, and any deviation from the same may be considered a backdoor entry, leading to cancellation of admission.
The court held that the best interests of the petitioner and society justified the renewal of her Ph.D registration despite previous failures and non-compliance with requirements.
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