IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA, J.
Sujata Pothal – Appellant
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 35129 of 2025
Decided On : 10-04-2026
| Table of Content |
|---|
| 1. petitioner's request based on de-registration. (Para 1) |
| 2. opposition to petition due to conduct. (Para 2 , 3) |
| 3. court's rationale for allowing renewal. (Para 4) |
| 4. writ petition allowed, de-registration quashed. (Para 5 , 6) |
| 5. final resolution of the writ petition. (Para 7) |
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for setting aside the order of de-registration of her Ph.D passed by the Controller of Examination (Opp. Party No.2) on dated 28.05.2025 (Annexure-4) on the ground of her repeated failure in completing Ph.D and also for her failure in depositing the required fees before the Opp. Party No.2.
2. Heard from the learned counsel for the petitioner, the learned counsel Mr. P.P. Behera for the Fakir Mohan University, Balasore and the learned Addl. Standing Counsel for the State.
3. During the course of hearing, learned counsel Mr. P.P. Behera for the Fakir Mohan University, Balasore and the learned Addl. Standing Counsel for the State vehemently opposed to the Writ Petition of the petitioner contending that, the conduct and attitude of the petitioner is not at all justifying her for the renewal of her Ph.D registration number, because, she is a continuous defaulter and she has failed in several attempts in completing her Ph.D and she has been de- registered in Ph.D at the instance of her own guide for her default, for which, she should not be allowed to renew her Ph.D registration number.
4. When the petitioner is eagerly interested to complete her Ph.D after renewal of her registration number, although, she has failed in her several attempts in completing Ph.D, for no other reason, but, only in order to achieve the last goal of her life and if the registration number of the petitioner shall be renewed after setting aside the order of de-registration vide Annexure-4, then, the same shall cause prejudice to no party, rather the same shall be in the best interest of the petitioner as well as the society at large, then, at this juncture, by taking the best interest of the society into account, I find no justification to disallow this Writ Petition filed by the petitioner.
5. Therefore, this Writ Petition filed by the petitioner is to be allowed.
6. In result, this Writ Petition filed by the petitioner is allowed.
The impugned order of de-registration to the petitioner from Ph.D vide Annexure-4 passed by the Opp. Party No.2 is quashed.
The Opp. Parties are directed to renew the Ph.D registration number of the petitioner as per the norms and guidelines of the UGC Regulations within 15 days from the date of filing of the certified copy of this Judgment and to allow her (petitioner) to continue her Ph.D under a guide according to the Regulations and Guidelines of the UGC.
7. As such, this Writ Petition filed by the petitioner is disposed of finally.
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.
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....
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.
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 the importance of complying with the Academic Ordinance and completing research work as per the stipulated requirements.
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