KIRAN BALA Vs. HIMACHAL PRADESH UNIVERSITY
LAWS(HPH)-2014-8-103
HIGH COURT OF HIMACHAL PRADESH
Decided on August 28,2014

KIRAN BALA Appellant
VERSUS
HIMACHAL PRADESH UNIVERSITY Respondents

JUDGEMENT

Tarlok Singh Chauhan, J. - (1.) BY way of present writ petition, the petitioners have approached this court for grant of following substantive reliefs: - (i) That the order dated 18.3.2013 (Annexure P -1) may kindly be quashed and set -aside. (ii) That the respondent No. 1 & 2 may kindly be directed to register the name of the present petitioners for Ph.D. in the department of Biotechnology, since the petitioners had passed the M. Phil in the academic Session of 2012. (iii) That the respondents may be directed to enroll the petitioners' name for Ph.D. w.e.f. December 2013. (iv) That the admission of the respondents No. 3 to 5 may kindly be cancelled because the same were made without advertising the posts. (v) That the heavy costs may kindly be imposed on respondent No. 2 for unnecessary harassment and humiliation.
(2.) IT is claimed by the petitioners that respondent No. 2, who is the Chairman of the Department of Biotechnology had wrongly returned the applications made by the petitioners for registering their names in Ph.D. with the following remarks: - "This has reference to your Enrolment/Registration form No. 1686 for the admission in Ph.D. course in the Biotechnology that was received through Speed Post on March 15, 2014. In this context your application is returned in original with the comment (wrongly typed as comment) that as on today no vacant position for Ph.D. has been offered by any of the faculty members. As and when a vacant position will be available, it will be notified and eligible candidates may apply thereof." It is further claimed that respondent No. 2 had illegally permitted the registration of respondents No. 3 to 5 in December 2013 knowing fully well that the Chairman was not competent to exercise these powers as the same were available only with the Standing Committee in view of the provisions contained in Hand Book Form -I (the 1st Ordinance of the University), which clearly provides that: - "16.3 The Standing Committee may permit registration or reject the application or may order the postponement of registration as the circumstances of the case may warrant. If the registration is accepted. The Standing Committee shall appoint a Supervisor(s) to guide the candidates. The Standing Committee can the Guide on the following circumstances: - a). If the application is made for the change within one year from the registration. b) The Change may be allowed after two years of registration with mutual consent of the Supervisor and the candidate. c) If the Supervisor expresses his inability to supervise the candidate. d) If the Supervisor leaves the University and the candidate is not able to seek guidance from him for any reason. No change of Supervisor(s) normally be allowed after three years from the date of registration. However, the Standing Committee can make the Change of Supervisors at any time under special circumstances for reasons to be recorded in writing."
(3.) THE petitioners have further averred that the admissions in the Ph.D. have been made without advertising the posts either on the website of the University or in the leading newspaper, which is in gross violation of regulation fixed by the University Grants Commission. It has been lastly claimed that the petitioners were more meritorious than the private respondents No. 3 to 5 herein and despite this fact these respondents were granted admission.;


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