ASHOK GUPTA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The prayer of the petitioner in the instant writ petition is that the respondent be directed to take a suitable decision permitting the petitioner to submit his Ph.D. Thesis in view of the recommendations of the committee constituted pursuant to the meeting of the academic council dated 22-4-2000 and the subject expert be nominated for evaluating the Ph.D. Thesis and for viva voce and the degree of Ph.D. be awarded to the petitioner.

(2.) The petitioner passed his B.A. examination with Second Division. Thereafter he appeared in M.A. English Examination and passed it with Third Division. The petitioner applied for Ph.D. in the subject of A Study of the Managerial Aspects of the College Education in Rajasthan". Vide letter dated Nov. 18, 1995 the respondent University constituted a committee for examining the eligibility of the petitioner for Ph.D. Registration. Vide letter dated Nov. 25, 1995 the petitioner was permitted for registration in Ph.D. subject to approval by Research Board. On 26/01/1996 formal order permission was issued by the Assistant Registrar (Research ) to Head of the Department of E.A.F.M. regarding petitioners registration for Ph.D. under the supervision of Dr. J.K. Tandon, Vide letter dated Feb. 5, 1996 the petitioner intimated 8/04/1995 as the date of commencement of Research Work to the respondent University. The respondent University issued order on 18/03/1996 accepting 8/04/1995 as the date of commencement of the research work.The petitioner made representation on 19/05/1997 to the respondent University seeking permission to submit Thesis work for evaluation and approval by the University. Vide letter dated Nov. 12, 1997 the respondent University refused permission on the ground that the petitioner was not having required percentage for Ph.D. registration. The petitioner thereafter made a detailed representation and on Nov. 10, 1998 the respondent University informed the petitioner that the petitioner's case was referred back to the Research Board. In the meeting held on 30/03/2000, the Research Board considered the petitioner's application and resolved that the petitioner be permitted to submit his thesis. The committee appointed by the Academic Council examined the resolution of the Research Board . The Committee unanimously endorsed the decision of the Research Board dated 30/03/2000 permitting the petitioner to submit Research Thesis for award of Degree of Ph.D. when no suitable action was taken by the respondent University the petitioner served a notice of demand of justice through his counsel on 29/08/2000 and filed the instant writ petition.

(3.) The respondent's submitted written statement with the following averments.