M DAVAMANI CHRISTOBER; S DAVID AMIRTHA RAJAN Vs. ALAGAPPA UNIVERSITY; S DAVID AMIRTHA RAJAN; UNIVERSITY GRANTS COMMISSION; MADURAI KAMARAJ UNIVERSITY; DIRECTOR OF COLLEGIATE EDUCATION; JOINT DIRECTOR OF COLLEGIATE EDUCATION; GOVERNING COUNCIL OF AMERICAN COLLEGE; M DHAVAMANI CHRISTOBER

LAWS(MAD)-2014-7-316

HIGH COURT OF MADRAS

Decided on July 02,2014

M Davamani Christober; S David Amirtha Rajan Appellant

VERSUS

Alagappa University; S David Amirtha Rajan; University Grants Commission; Madurai Kamaraj University; Director Of Collegiate Education; Joint Director Of Collegiate Education; Governing Council Of American College; M Dhavamani Christober Respondents

JUDGEMENT

- (1.) W.P.(MD)No.13724 of 2012 The petitioner is aggrieved against the order passed by the first respondent dated 4.10.2012 withdrawing his Ph.D Degree and the consequential order dated 4.10.2012 whereby the petitioner was directed to surrender his certificates relating to the Ph.D degree awarded in the year 2007.
(2.) The case of the petitioner is as follows:- He is a Post Graduate with M.Phil in the discipline of Mathematics. He has completed B.Ed degree with special subjects in Mathematics as well as M.Ed. He joined the American College as Lecturer of Mathematics during 1995. He was subsequently promoted as Associate Professor in the said Department. He was conferred with Ph.D Degree by the first respondent University in Education (Interdisciplinary) (Education and Mathematics). The American College, Madurai is a minority Institution and is being administered by an educational agency viz., the Governing Council of American College, Madurai, a society which is registered under the Societies Registration Act. The Principal of the College is selected by the Governing Council of the said College. On account of the retirement of the previous Principal of the said College on 30.11.2010, applications were called for appointment to the post of Principal and Secretary of the College, through advertisement dated 7.2.2011. The petitioner applied for the said post. The eligible candidates were called for interview and the search committee, after interviewing the candidates, short listed two names including the petitioner as eligible candidates and recommended their names to the Governing Council for its consideration and decision. On 28.10.2011, the Governing Council met and had an elaborate discussion. Among the 8 members present, six members were totally in favour of the petitioner. Two members voted in favour of the other person by name Dr.David Amirtha Rajan, who is the second respondent herein. Accordingly, the petitioner was appointed as Principal and Secretary of the College on 28.10.2011. Challenging the petitioner's appointment, the second respondent filed W.P.No. 2556 of 2012. The petitioner also filed W.P.No. 3530 of 2012 as against the delay in granting qualification approval by the University. On 26.3.2012, this Court directed the Madurai Kamaraj University to consider the petitioner's application in accordance with law and on merits and pass orders thereon. A writ appeal filed by the second respondent also came to be disposed on 26.4.2012 directing the Madurai Kamaraj University to decide the matter, after giving opportunity to the petitioner and the second respondent. The second respondent filed a Special Leave Petition before the Apex Court. In pursuant to the order passed by the Division Bench, the Madurai Kamaraj University approved the petitioner's qualification on 29.6.2012. Aggrieved against the same, the second respondent filed W.P.No.9361 of 2012 by contending that the petitioner did not possess the qualification of Ph.D in requisite discipline and that UGC Regulations, 2010 were not followed. The second respondent was successful enough to place the issue before the Research Advisory Committee of Alagappa University and the said Committee in its meeting held on 19.7.2012 resolved to withdraw the Ph.D Degree Certificate issued to the petitioner in Education (Interdisciplinary) (Education - Mathematics) and to reissue in its place a revised certificate in "Education". Before doing so, the petitioner was not put on notice. Therefore, the petitioner made a representation on 1.10.2012. Upon receipt of the same, the first respondent passed the impugned proceedings dated 4.10.2012 informing that the decision has been taken on the basis of the available materials and there is no necessity to call for any explanation. The impugned proceedings are in gross violation of the principles of natural justice and motivated by malafide. By consequential impugned proceedings issued on the same day, the first respondent has directed the petitioner to surrender the syndicate award notification dated 12.9.2007 and the Ph.D.Degree Certificate. Hence this writ petition is filed questioning those impugned proceedings.
(3.) The first respondent filed a counter affidavit, wherein it is stated as follows:- 3.1. Under Regulation 5.1. of the Alagappa University Regulation which deals with the procedure for Ph.D Registration , the petitioner made an application and paid the prescribed fee for Ph.D by clearly stating the subject of research is only 'Education'. Having registered under the Department of Education for research in the field of 'Education'', he has misled this Court as though he made research in the interdisciplinary. The petitioner has suppressed the said fact and misleads this Court by filing false affidavit. The petitioner has done research in the discipline of Education under the guide of Dr.P.Jeyachandran Gaberial, Professor, Department of Education, Madurai Kamaraj University and with the co-guide Dr.S.Mohan, Professor and Head of Department of Education, Alagappa University. 3.2. As per Regulation 8, the writ petitioner submitted the thesis on the discipline of education only and paid the prescribed fee for the discipline of education in the prescribed form. Having submitted the thesis in the discipline of Education, he is not entitled to get Ph.D Degree in Education and Mathematics. The Indian and foreign examiners and the Research supervisor had evaluated the thesis and submitted their reports by clearly mentioning the discipline and the subject as "Education". The petitioner has re-submitted the thesis on 5.6.2007 under the discipline "Education" (Interdisciplinary: Education & Mathematics). But the resubmission was accepted under the category of discipline of Education only. On 28.7.2007 viva-voce examination was conducted and the examiners have given recommendation to the University to award Ph.D Degree in Education only. The petitioner wantonly, purposely and falsely made an application for the convocation of degree in Education (Interdisciplinary) (Education & Mathematics), knowing fully well that he has done research in the field of Education only. On the basis of the application submitted by the petitioner, a degree had been prepared, bonafidely on the basis of the application submitted by the petitioner. Hence, on that basis, the degree was awarded to the writ petitioner in the year 2007. The Research Advisory Committee has noticed that the Degree was wrongly given and consequently came to the conclusion to withdraw the Degree certificate since it is an error apparent on the face of the records. The minutes of the Research Advisory Committee was also duly approved by the Standing Committee on Academic Affairs by resolution No.2 dated 3.9.2012. The Syndicate of the Alagappa University approved the withdrawal of the degree certificate by resolution No.22 dated 6.9.2012. Hence the decision to withdraw the degree certificate was taken on careful perusal of the records of the competent bodies of Alagappa University. The University's decision to withdraw the Degree was only to correct the same in respect of the discipline and therefore there was no need to give any notice to the petitioner. Thus, natural justice has not been violated.;

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