IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
L. Ganapathy Murugan – Petitioner
Versus
The Vice Chancellor, Annamalai University and Others – Respondents
W.P. No. 4344 of 2021
Decided On : 20-10-2021
Constitution of India, 1950 - Article 226 - Services - Lecturer - Canceled Registration - Case of petitioner is that after he completed Post Graduation in History, he joined services of respondent University as a Lecturer - Petitioner was supposed to complete thesis work in five years from date of registration - Maximum extension of period that is contemplated is for a further period of three years under Regulations - Petitioner, due to various reasons, was not able to complete his research work within maximum stipulated duration of eight years - Petitioner made a representation in this regard to 2nd respondent by explaining circumstances under which he was not able to complete thesis work on time - 3rd respondent through impugned memo canceled Ph.D. registration of petitioner – Held, It is almost eleven years since petitioner registered himself for Ph.D. part-time programme - This Court cannot completely disregard Regulations that governs Ph.D. Programme - Petitioner was seeking for an extension of time after eight years from date of registration - Regulations gives powers to Deans Committee to extend period for three years and in exceptional cases for a further period of 6 to 12 months - However, this power can be exercised only if request is made on time - Admittedly, petitioner failed to make request as per Regulations - Ph.D. Programme cannot be undergone according to whims and fancies of candidate and conferring a Doctorate is a very serious matter - Court does not find any ground to interfere with impugned Memo issued by 3rd respondent - If petitioner is still interested, it is left open to petitioner to make an application and enroll as a fresh candidate and undergo Ph.D. Programme in respondent University - Petition dismissed.
JUDGMENT :
N. ANAND VENKATESH, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned Memo made in F. No. 021/CARE/Ph.D/2020 dated 09.11.2020 issued by the 3rd respondent and quash the same and consequently direct the respondents to grant extension of time to the petitioner to complete his Ph.D. Programme (Part-time) in History within the time frame fixed by this Court.
1. The petitioner has questioned the impugned memo dated 09.11.2020 issued by the 3rd respondent, in this writ petition. The petitioner has also sought for a consequential direction to the respondents to grant extension of time to the petitioner to complete his Ph.D. Programme (Part-time) in History.
2. The case of the petitioner is that after he completed Post Graduation in History, he joined the services of the respondent University as a Lecturer in the year 2008. The surplus faculty belonging to the respondent University were deputed to other Colleges and accordingly, the petitioner was deputed as an Assistant Professor to Sri. Subramaniya Swamy Government Arts College, Thiruthani, Thiruvallur District in the year 2016.
3. The petitioner applied for registration before the respondent University to do part-time Ph.D. Programme during the academic year 2010-2011. The candidature of the petitioner was approved by the 3rd respondent and he was also placed under a Guide. In the meantime, in the year 2016, the petitioner was deputed to Government Arts College, Rasipuram and he continues to work there at present.
4. The petitioner was supposed to complete the thesis work in five years from the date of registration. The maximum extension of period that is contemplated is for a further period of three years under the Regulations. The petitioner, due to various reasons, was not able to complete his research work within the maximum stipulated duration of eight years. The petitioner made a representation in this regard to the 2nd respondent by explaining the circumstances under which he was not able to complete the thesis work on time. The 3rd respondent through the impugned memo dated 09.11.2020 canceled the Ph.D. registration of the petitioner with immediate effect on the ground that the maximum period of eight years was over on 02.09.2018 and the petitioner did not submit the thesis within the stipulated period. Aggrieved by the same, the present writ petition has been filed before this Court.
5. The 2nd respondent has filed a counter affidavit. The 2nd respondent has explained the various regulations governing Ph.D. programme. After explaining the Regulations, the 2nd respondent has stated in the counter affidavit that the petitioner did not submit his Ph.D. thesis within the time limit of five years that is on or before 03.09.2015. In such an event, the petitioner should have applied for extension of time within three months before the completion of the five years and the petitioner has not fulfilled this requirement. The petitioner has submitted the letter for extension of time only on 15.05.2019 which is well beyond eight years. Therefore, the Regulations do not permit any extension for re-registration of the programme. In view of the same, the Ph.D. registration of the petitioner was canceled through the impugned memo dated 09.11.2020. The 2nd respondent has therefore pleaded that there are no merits in the writ petition and the same is liable to be dismissed.
6. Heard Mr. S. Sathia Chandran, learned counsel appearing on behalf of the petitioner and Mr. Godson Swaminath, learned counsel appearing on behalf of the respondents 1 and 2.
7. The petitioner is governed by the Regulations which regulate the Ph.D. Programme. For proper appreciation, Regulations 7 and 12 are extracted hereunder:
The Minimum period of residence required before submission of the thesis is three years for Master's degree holders and two years for M.Phil Degre
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.