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2020 Supreme(All) 625

SIDDHARTHA VARMA
Snehil Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Seemant Singh
For the Respondent: A.S.G.I., Gautam Baghel, Neeraj Tripathi, R A Akhatar, Santosh Kumar Mishra

Judgement Key Points

Key Points: - Petitioners admitted to Graduation-cum-D.Phil. program in 2012 based on university promises of continuing to D.Phil after meeting CGPA threshold; argued 2009 Regulations and 2016 Notifications governed admission (p_1, p_155, p_156) - UGC Regulations 2009 allowed admissions and stated conditions; UGC 2016 superseded 2009, but clause 12.1 protected those registered between 11-07-2009 and 05-05-2016 (p_45, p_51, p_53, p_55) - University originally conducted integrated Bachelor-D.Phil. program; later resolutions (9-10 Feb 2016) allowed upgrading pre-commencement enrollees to D.Phil under pre-2016 provisions (p_143, p_144, p_146) - Court held admissions in 2012 were not illegal and petitioners entitled to admission to D.Phil courses forthwith; University and UGC bound by their prior resolutions/notifications (p_155, p_156, p_157) - Writ petitions allowed; admissions to D.Phil courses permitted under existing framework (p_157)

How to admit students to D.Phil. courses when prior regulations allowed admission without an entrance test?

What is the effect of conflicting UGC Regulations (2009 vs 2016) on pre-existing admissions to integrated Bachelor-D.Phil. programs?

What are the rights of petitioners to be admitted to D.Phil. courses forthwith based on earlier promises and notifications?


JUDGMENT :

1. The petitioners, in these petitions, had taken admission on 17.8.2012 and thereafter had commenced their study of the course of Graduation-cum-D.Phil. and had thereafter completed their 10th Semester by 25.4.2017. When instead of admitting the petitioners to D.Phil. courses, they were being directed to take the Combined Research Entrance Test-2017 by which they were required to take an admission test for admission to D.Phil. course in Globalization and Development Studies, then the present writ petitions were filed praying that the petitioners be granted admission in D.Phil courses in the terms of the admission which was granted to them in the year 2012.

2. Learned counsel for the petitioners in both the writ petitions have submitted that the Academic Council of the University of Allahabad had introduced for the first time a course in the name of Globalization and Development Studies and the Council on 6.8.2011 had resolved that the Degree of Philosophy in Globalization and Development Studies could be taken through a programme of Bachelor/D.Phil. dual degree integrated programme. They have submitted that it was also resolved in the Academic Council meet on 6.8.2011 tha

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