HARKIRAT BAINS Vs. BARKATULLAH VISHWAVIDYALAYA
LAWS(MPH)-2013-4-20
HIGH COURT OF MADHYA PRADESH
Decided on April 09,2013

Harkirat Bains Appellant
VERSUS
Barkatullah Vishwavidyalaya Respondents

JUDGEMENT

AJIT SINGH, J. - (1.)BY this petition, the petitioner has challenged the decision of respondent no.1 Barkatullah Vishwavidyalaya, Bhopal, rejecting his thesis for the degree of Doctorate of Science.
(2.)THE petitioner, as a student of respondent no.1, submitted his thesis for the degree of Doctorate of Science. His subject title was "The capacity building and skill up-gradation of Anganwadi workers". Ordinance 15 of respondent no.1 provides the procedure for grant of decree of Doctorate of Science. Its relevant extract of Clause 13 reads as under:
13. (a) On receipt of the thesis the Registrar shall call upon the Examination Committee constituted u/s 44 of the Adhiniyam to draw panel of six names, taking into consideration the panel submitted by the expert of the screening committee, of the experts in the field of research not below the rank of University Professor, including foreign experts. (b) The Kulpati shall appoint three examiners in accordance with the provisions of the Adhiniyam. (i) If all the three examiners approve the thesis, the candidate shall be called upon to appear at the viva-voce examination as per the provision of the Ordinance. (ii) If two examiners approve the thesis and the third rejects/recommends revision, the thesis shall be sent to a fourth examiner without the reports to the Kulpati for evaluation. The opinion of the fourth examiner shall be final. In case, all the three examiners recommend revision/rejection or two examiners recommend revision/ rejection and the third accepts, the thesis shall stand rejected.

As provided in the above quoted Clause 13, the thesis of petitioner was sent before three examiners. And since two examiners recommended rejection, the thesis stood rejected under Clause 13(ii). The opinion of all the three examiners have been filed along with the petition. The decision of respondent no.1 is, thus, strictly in accordance with the ordinance. No relief, therefore, can be granted to the petitioner directing respondent no.1 to award him the degree of Doctorate of Science.

(3.)THE petition has no merit and is accordingly dismissed.


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