IMPORTANT POINT
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.

JUDGMENT :

ALOK MATHUR, J.

1. Heard Shri Krishna Lal Yadav, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent no. 1 and Shri Sudeep Seth, learned Senior Advocate assisted by Shri Atul Kumar Dwivedi, learned counsel on behalf of respondent no. 2 to 5.

2. By means of the present petition, the petitioner has challenged the order dated 06.10.2022 passed by the Departmental Research Committee of the Dr. Shakuntala Misra National Rehabilitation University, Lucknow by which the admission of the petitioner in the Ph.D. course of Sociology has been cancelled. He has also challenged the orders dated 13.12.2022 and 23.01.2023 passed by Research Degree Committee and by the Registrar, respectively, communicating the aforesaid order with regard to the cancellation of the admission in Ph.D.

3. It has been submitted by counsel for the petitioner that the petitioner is a law graduate having passed his LL.B. in the year 2014, B.Sc. in 2001 and M.Sc. in 2010 and thereafter had applied for pursuing Ph.D. (Sociology) from Dr. Shakuntala Misra National Rehabilitation University, Lucknow. He participated in the Ph.D. Entrance Test, 2016 where a provisional Admit Card was also issued, and according to the petitioner, he has passed Ph.D. Entrance Examination and was called for counseling on 23.08.2016, and subsequently, he was declared qualified. He completed all the formalities with regard to his admission in Ph.D. Sociology course. It is not in dispute that the petitioner is in 1st year Ph.D. Sociology course since 2016 and it is only in 2021 when the petitioner approached the Supervisor to submit the research related report and sought extra time, the Supervisor refused to accept the report and asked the petitioner to wait until further information is received with regard to the completion of his research work. Since October, 2021, the petitioner was not allowed to pursue and complete his Ph.D. and in this regard, he has made representation to the Head of the Department Sociology, the Registrar and the Vice-chancellor of the aforesaid University. It is in the aforesaid circumstances, when the petitioner was not being permitted to pursue his Ph.D., he had filed a writ petition before this Court being Writ (C) No. 1086 of 2023 which was dismissed as withdrawn with liberty to file afresh and subsequently, the petitioner filed another petitioner being Writ (C) No. 242 of 2023 which was disposed of by the Coordinate Bench of this Court by means of order dated 13.01.2023 directing the Vice-Chancellor, Dr. Shakuntala Misra National Rehabilitation University, Lucknow to decide the representation with regard to the grievance of the petitioner.

4. In compliance of the order dated 13.01.2023, the representation of the petitioner was decided by the impugned order which was communicated to the petitioner. In the impugned order dated 06.10.2022, it has been stated that the petitioner was admitted in the Ph.D. Sociology without being duly selected and in this regard, he has been repeatedly asked to submit an affidavit, which he has not furnished and accordingly, a decision has been taken. The said decision was forwarded to the Research Degree Committee, who has approved the cancellation of admission of the petitioner.

5. By means of order dated 13.12.2022, the Registrar of the University has communicated that the Research Degree Committee has approved the decision taken by the Departmental Research Committee pertaining to the cancellation of admission of the petitioner and lastly, by means of the order dated 23.01.2023, the Vice-Chancellor intimated the petitioner with regard to the cancellation of his admission.

6. It has been submitted by counsel for the petitioner that the petitioner was duly selected for Ph.D. course in the entrance exam conducted by the University in 2016. In support of his submissions, the copy of the provisional Admit Card as well as information regarding Ph.D. scholars enrolled in academic session 2016-17 has be