IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Rajveer Singh Rathore and Ors. – Petitioners
Versus
Rajasthan University of Health Sciences and Ors. – Respondents
S.B. Civil Writ Petition No.11456 of 2016
Decided On : 07-09-2016
Writ Petition - Education - Provisional allotment of Supervisors - Equivalence Committee has found the petitioners ineligible - Equivalence Committee has found the petitioner’s ineligible - Present petition has been filed by four students who are aggrieved against the decision taken by the Equivalence Committee of the respondent University to deny them admission in Ph.D. Programme - Held, For attaining the said standards, it is open to the UGC to lay down any "qualifying criteria", which has a rational nexus to the object to be achieved, that is for maintenance of standards of teaching, examination and research - Candidates declared eligible for lectureship may be considered for appointment as Assistant Professors in Universities and colleges and the standard of such a teaching faculty has a direct nexus with the maintenance of standards of education to be imparted to the students of the universities and colleges - UGC has only implemented the opinion of the Experts by laying down the qualifying criteria, which cannot be considered as arbitrary, illegal or discriminatory or violative of Article 14 of the Constitution of India - Petition dismissed.
Kanwaljit Singh Ahluwalia, J.
Present petition has been filed by four students who are aggrieved against the decision taken by the Equivalence Committee of the respondent University to deny them admission in Ph.D. Programme. It is pleaded in the writ petition that petitioners having successfully completed their Masters are eligible to be enrolled for pursuing their Ph.D. studies. Hence, in the writ petition it is prayed that fresh allotment list dated 3.8.2016 (Annx.11) issued by respondent No.1, Rajasthan University of Health Sciences, Jaipur, be set aside. A perusal of impugned list of provisional allotment of Supervisors reveal that it is stated therein that the Equivalence Committee has found the petitioners ineligible as they have done two years M.Sc. Medical instead of requirement of three years course by the respondent University.
2. It is averred in the writ petition that the respondent Rajasthan University of Health Sciences on 7.1.2016 had issued a notification inviting online applications for admission through entrance test to Pre Ph.D. Programme in the faculty of Medicine, Pharmacy and Para Medical Sciences. Last date for filing online application form was 25.1.2016. It is further averred in the writ petition that Rajveer Singh Rathore, petitioner No.1, on 19.8.2014 obtained degree in M.Sc. Medical (Pharmacology), whereas petitioner No.2 Mohammed Nasir Khan completed his M.Sc. Medical (Micro Biology) on 22.8.2014, petitioner No.3 Monika passed M.Sc. Medical (Anatomy) on 27.7.2015 and petitioner No.4 Kuldeep Yadav also successfully obtained M.Sc. Medical degree in Micro Biology on 12.8.2015.
3. All the petitioners have passed their Masters course from NIMS University.
4. It is stated that petitioners were found eligible by respondent No.1 Rajasthan University of Health Sciences and were issued admit cards to appear in entrance test. It is averred that result of entrance test was declared and names of petitioners were included in the list of successful candidates. Petitioners were asked to appear in interview scheduled to be held on 15.2.2016. It is further stated that on 18.2.2016 respondent No.1 University issued a provisional Supervisor allotment list and names of petitioners were part of the said list. It is further stated that vide Annexure-7 petitioners were allotted Supervisors under whom they were to pursue their Ph.D. programme. Grievance of the petitioners is that suddenly vide impugned order (Annexure-11) it was announced that since degree of Masters obtained by the petitioners has not been found equivalent to the studies imparted by the Rajasthan University of Health Sciences, hence, petitioners are ineligible to pursue their Doctorate/Ph.D.
5. Shri Ashish Kumar Singh, learned counsel appearing for respondent University, has submitted that the Equivalence Committee consisting of seven experts held its meeting on 20.6.2016 and came to the conclusion that since petitioners are not having M.Sc. Medical course of three years duration as per Rajasthan University of Health Sciences, Masters degree obtained by the petitioners cannot be equated with the degree of Masters awarded by respondent No.1 University. It will be apposite here to reproduce decision of the Equivalence Committee dated 20.6.2016 as under:-
Equivalence committee minutes of the meeting held on 20.06.2016
A meeting of Equivalence Committee of RUHS was held on 20.06.2016 (Monday) at 2:00 pm in the chamber of Dr. D.K. Gupta, Pro Vice-Chancellor RUHS under his chairmanship. After detailed discussions & deliberations the following decisions were taken in the meeting:-
1- Review/reconsideration of the decision taken in the last meeting dated 30.05.2016:-
The minutes of Equivalence Committee dated 30.05.2016 were put up before the Academic Council on 06.06.2016 (under agenda item No.9) for necessary approval/decision. After detailed discussions, it was decided by the Academic Council to refer the matter back to Equivalence Committee for review/reconside
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.