Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 4.10.2002 with the prayer that by appropriate writ, order or direction, the order dated 28.5.2002 (Annex.4) issued by the respondent Jai Narain Vyas University (for short ``JNV University) by which the registration of the petitioner for Ph.D. in political Science and Public Administration was cancelled on the ground that he had passed the B.A. External in one year sitting from Osmania University and that one year BA degree was not equivalent to B.A. degree of JNV University, be quashed and set aside and the respondents be directed to enroll the petitioner as a candidate for the Ph.D. with effect from the date of his submitting synopsis with the respondent JNV University.

(2). The case of the petitioner as put forward by him in this writ petition is as follows:-

The petitioner passed one year BA degree course from the Osmania University in the year 1995 and a copy of the mark sheet is marked as Annex.1. Thereafter, he completed his post graduation from the University of Pune in the year 1998 and secured first division and a copy of the post graduation mark sheet is marked as Annex.2.

The further case of the petitioner is that on 1.4.2001, he contacted the Head of the Department of the Political Science of the respondent JNV University and finalized the topic after his approval for being a supervisor in the research work and thereafter, in May, 2001, he submitted the synopsis alongwith registration form and requisite fee as per directions of the supervisor.

The further case of the petitioner is that thereafter, in the month of february, 2002, he received a four point letter to submit his degree of post-graduation, migration certificate, income certificate and prescribed fee and in compliance of the said letter, he deposited the requisite fee and also submitted all other necessary details including his post graduation degree, but he was shocked to receive a letter dated 28.5.2002 (Annex.4) stating that his registration for Ph.D. had been cancelled as he had passed the B.A. degree course from Osmania University in one sitting and that one year degree BA course was not equivalent to the JNV University.

The further case of the petitioner is that he personally met with the concerned authorities of the respondent JNV University and also made several representations, but of no avail. Hence, this writ petition with the prayer as stated above.

In this writ petition, the main contention of the petitioner is that he was eligible to be registered as Ph.D. student on the ground that he possessed a valid post graduation degree, which was necessary and essential for admission to the degree of Ph.D., as per Ph.D. Ordinances of the JNV University (Annex.3). Furthermore, the petitioner passed the BA degree course from Osmania University in one sitting and that University is recognized one, therefore, that one year BA degree of the petitioner cannot be said to be invalid. Hence, cancellation of registration of the petitioner for Ph.D. through impugned order Annex.4 was wholly arbitrary illegal and without jurisdiction.

A reply to the writ petition was filed by the respondents and it was submitted by them that since the petitioner passed his graduation (BA degree) from Osmania University in one sitting and that one year BA degree was not at par with the BA degree of JNV University, therefore, post graduation, if any, done after one year BA degree course, was automatically void in the eye of law.

It was further submitted by the respondents that through letter Annex.R/1 dated 4.8.1995, Dy. Secretary of the Association of Indian Universities, New Delhi informed the respondent JNV University that BA examination (External) of the Board of External Studies, Osmania University, Hyderabad was a recognized examination, but it was not covered under 10+2+3 pattern of education and the respondent JNV University was advised to d

Click Here to Read the rest of this document