Back
2018 Supreme(P&H) 3920
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Rakesh Kumar Jain, J.
Meenakshi - Appellant
Versus
Punjab Engineering College - Respondent
CWP No. 18389 of 2018
Decided On : 30-07-2018
Vikas Malik, Advocate, for the Petitioner; Ashwani Talwar, Advocate, for the Respondent
The court's decision was influenced by the interpretation of the Rules and Procedures for Ph.D. Programmes, specifically Clause 11 of 4.3, which stated the residency requirements for local Ph.D. candidates within 50 Km of PEC.
Headnote:
Hostel Accommodation - Ph.D. Program - Rules and Procedures for Ph.D. Programmes - Clause 11 of 4.3 - No residency requirement for local Ph.D. candidates within 50 Km of PEC
Fact of the Case:
The petitioner, a Ph.D. student, was asked to vacate the hostel accommodation within a week due to an acute shortage of hostel space, despite her request to continue staying in the hostel until the completion of her Ph.D.
Finding of the Court:
The court found that the petitioner's legal rights were not violated, and the decision to ask the students to vacate the hostel was based on the university's management of hostel affairs and the scarcity of hostel space due to a large number of girl students.
Issues: The issue revolved around the petitioner's request to continue staying in the hostel and the university's decision to ask students to vacate the hostel due to an acute shortage of space.
Ratio Decidendi: The court held that the university's decision was based on the management of hostel affairs and the scarcity of hostel space, and it did not violate the petitioner's legal rights.
Final Decision: The petition was dismissed, and the petitioner was granted one week to search for alternate accommodation, after which she was required to vacate the hostel.
JUDGMENT
Mr. Rakesh Kumar Jain, J. (Oral) - The petitioner is aggrieved against the order dated 18.7.2018 by which she was asked to vacate the hostel accommodation/premises No. 701 K.C. Extension within a period of one week.
2. In brief, the petitioner was enrolled in the Ph. D. Regular (Environmental Engineering Program in January 2012 with the Punjab Engineering College (deemed to be University), Chandigarh. She was admitted in the aforesaid hostel in January, 2012. She got Ph.D candidacy on 28.1.2014.
It is averred that the petitioner has to complete her Ph.D by 27.1.2019 but in the meantime, a notice was issued by respondent No. 2 on 22.5.2018 which read as under:
"All the Ph.D. Students residing in #701. K. C. Extension are informed that who have completed four years of their degree i.e. from the date of registration as Ph.D student and who have converted their degree from full time to part time are required to vacate the hostel on or before 31.5.2018 positively. Failing which a strict action will be taken by the authorities on the defaulters."
3. The petitioner made a representation on 25.5.2018 to respondent No. 2 for allowing her to continue to stay in the hostel and submitted that she has not converted her regular degree to part time and her thesis is still going on, therefore, it would be difficult for her to work from outside. On the said representation, respondent No. 2 passed the impugned order dated 18.7.2018 observing therein that there is acute shortage of hostel accommodation. The students may be asked to vacate the hostel within one week.
4. Aggrieved against the said decision taken by the respondent, present petition has been filed, in which notice was issued on 26.7.2018 for today. Respondents have filed their reply today in Court. The same is taken on record and copy thereof has been supplied to learned counsel for the petitioner.
5. In the reply filed, it is averred that the petitioner got scholarship under the Technical Education Quality Improvement Programme-II which was allotted to PEC (deemed to be University) by the Ministry of Human Resources Development, Government of India for a period of four years. It is further averred that the petitioner was registered as a Ph.D candidate on 28.1.2014 and was supposed to complete her Ph.D within a period of five years i.e. upto 27.7.2019. However, it is also averred that the normal period for completion of Ph.D is four years from the date of registration and scholarship is also limited to four years. It has been averred that the petitioner made the request on 25.5.2018 to allow her to continue to stay in the hostel but the matter was kept pending to see the trend of admissions in the academic year 2018-19 but finding the large number of girl aspirants opting to stay in girls hostel, a decision was taken by the competent authority that on account of acute shortage, the petitioner had been asked to vacate the hostel within a period of one week.
6. It is further averred that number of total students who are affected are two. It is further averred that no right is vested in the petitioner to claim the hostel facility as it is not regulated by the rules and procedure for Ph.D programme applicable to 2010-2011 onwards which is the part of the prospectus of academic year 2011-12 issued by the Punjab Engineering College (deemed to be University), Chandigarh.
7. All that has been pointed out by the petitioner is that in clause 11 of 4.3 of Rules and Procedures for Ph.D.Programmes it is mentioned that " There is no residency requirement for local Ph.D candidates (both full time as well as part-time) who are residing within 50 Km.of PEC."
8. According to this provision, the Ph.D candidate who is residing within 50 K.Ms may become a day scholar but a candidate who is residing more than 50 K.Ms away has to be a resident.
9. Be that as it may, learned counsel for the respondents has submitted that there is mis-reading on the part of the petitioner of the notice because it co
