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ASHOK KUMAR GAUR
Hemant Kumar – Appellant
Versus
University Of Rajasthan – Respondent
JUDGMENT
1. The present writ petition has been filed by the petitioner who is a student of Ph.D. challenging the orders dated 30.01.2016 and 02.01.2017 cancelling registration of the petitioner for doing Ph.D. Course from the respondent-University of Rajasthan (hereinafter shall be referred to as "the respondent-University"). The petitioner has also prayed in the writ petition that a direction may be issued to revive his Ph.D. registration and further permit the change of Guide for completing Ph.D. Degree.
2. The brief facts of the case, as pleaded by the petitioner in his writ petition, are that the petitioner after acquiring the qualification of M.Phil. and Post Graduation in Philosophy & Political Science, qualified UGC-NET Examination for eligibility for Lectureship in Political Science. The petitioner appeared in the pre-Ph.D. Entrance Examination for undergoing Ph.D. Course in the year 2012 and cleared the said Examination.
3. The petitioner received his registration letter whereby he was informed by the respondent-University that he was to do his Ph.D. Degree under the supervision of Dr.Naresh Dadhich, Department of Political Science, University of Rajasthan (hereinafter shall
The cancellation of Ph.D. registration was upheld based on the unsatisfactory performance of the petitioner and the university's adherence to proper procedure.
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 must follow the prescribed procedure and be based on a correct interpretation of the relevant ordinance.
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
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....
Principles of natural justice necessitate an opportunity to be heard before cancellation of admission; failure to provide this renders the decision invalid.
The court emphasized that the blame for wrongful admission lies more upon the institution than the candidates and that the respondents cannot discriminate between similarly situated students in the s....
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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