MINI PAUL Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is a Research Scholar, seeking to declare that petitioner is entitled to complete the part-time research in law as per the existing norms of 2011 without insisting for completing the "course work" in two spells during April, May and June of two years after the registration, as the petitioner has already undergone the requisite number of course work classes conducted at the research centre, and for other related and consequential reliefs.

(2.) Petitioner is working as Assistant Professor of Law at Government Law College, Ernakulam. She joined as Lecturer in Law in the 3rd respondent college on 4.7.2000. She was promoted as Lecturer (Senior Scale) in 2006, which was redesignated as Assistant Professor in 2010. Petitioner applied for Ph.D registration with the Mahatma Gandhi University in June, 2011, evident from Ext.P1. Accordingly, petitioner was interviewed by the Doctoral Committee of the University Department on 28.10.2011 and she was duly selected and recommended for her Ph.D admission. Pursuant to the above, 1st respondent sanctioned her provisional registration on 19.6.2012 as per Ext.P2 and sanctioned her provisional registration for Research in Law at its approved research center in the 3rd respondent college. The Department of Higher Education, Thiruvananthapuram as per Ext.P3 dated 28.1.2012 permitted the petitioner to do part-time research for Ph.D under the 1st respondent without any hindrance to her official duties and smooth functioning of the college. The University Grants Commission as per Regulation, 2009 stipulates minimum standards and procedure for award of M.Phil/Ph.D Degree. As per the norms, each candidate after having been admitted for Ph-D is required to undertake a course work for a minimum period of one semester, evident from Ext.P4.

(3.) While matters being so, 1st respondent issued revised regulation for Ph.D registration and Award of Degree of Doctor of Philosophy 2010, evident from Ext.P5. First respondent issued Ext.P6 notification dated 29.6.2011 inviting application for registration of research scholars based on Ext.P5. The regulations of 2010 mandated that all candidates admitted to Ph.D. Programmme should initially be registered as a full-time scholar and should undergo course work at the University Department for a continuous period of six months. Regular and permanent teachers, however, could on their specific request do their course work in the 3rd or 4th semesters. It is also stipulated, if they fail to join the department at the beginning of the 2nd year, their provisional registration would automatically lapse. This provision hampered the teaching community's prospects of advanced research, as most of the teachers were not in a position to take continuous leave for a period of six months.