JUDGEMENT
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(1.) This petition seeks the quashing of the order dated 13th/14th August, 2013 passed by the Vice-Chancellor of the Banaras Hindu University (hereinafter referred to as the 'University') by which the representation dated 8th June, 2013 filed by the petitioner for granting him registration in Ph.D in the Faculty of Performing Arts in the Academic Session 2012-13 has been rejected.
(2.) It is stated that in the year 2012 the University invited applications for admission to Ph.D. and M.Phill. Programme through Research Entrance Test (RET) and direct admission (RET Exempted) in various disciplines including Performing Arts for registration in September, 2012 and March, 2013 and the petitioner, who had passed M.Phil in Musicology from the University applied for admission in two disciplines, namely Vocal (RET Exempted Category) and Musicology (RET Category). The petitioner could not qualify the Research Entrance Test-2012 held for admission in Musicology through RET Category but he did appear in Test-C held in September, 2012 for admission in Vocal Music (RET Exempted Category) but was not registered for Ph.D. Feeling aggrieved, the petitioner filed Writ Petition No.30347 of 2013 which was disposed of on 28th May, 2013 with a direction to the Vice-Chancellor of the University to decide the representation filed by the petitioner by a speaking and reasoned order. The said representation has been rejected by the Vice-Chancellor of the University for the reason that the petitioner failed to identify a mutually agreeable Supervisor which was necessary under Clause U.2.2(g) of the Ordinances framed by the University in this regard.
(3.) It needs to be noticed that Clause U.2 of the Ordinances relates to admission process and Clause U.2.2 relates to allotment of Ph.D. Supervisor and is as follows:-
"U.2.2) Allotment of Ph.D. Supervisor
a) The Head/Coordinator of the Department/School/Centre will provide a list of teachers together with their research areas to the RET and RET-exempted selected candidates and advise them to interact with potential Supervisors in the discipline and submit letter of consent of the identified Supervisor to the DRC/SRC/CRC within one week.
b) As many RET-exempt candidates who qualified after the Test C can be admitted to Ph.D. in the discipline if Supervisors are available/agreeable. For those qualifying under the RET category, the maximum number will ordinarily be restricted to the number of vacancies announced in the RET bulletin.
c) If required, DRC/SRC/CRC should help in identifying a suitable "match" between the selected candidate and Ph.D. Supervisor (and Co-Supervisor/s, if required).
d) The DRC would formally allot a Ph.D. Supervisor (and Co-Supervisor/s, if required) for the selected candidates keeping in view the mutual consent and the facilities available with the Supervisor for undertaking the proposed research topic.
e) Those of the RET candidates who obtained a composite merit index of 75 and above, but could not register in the July/Sept term, may be considered, subject to availability of vacancy, in the next Jan/March term. However, they will have to appear at the Test C again.
f) Candidates under the RET-exempt category, who could not be admitted in July/September term may be considered along with those who apply in response to the notification for admission in the January/March term and will be evaluated through Test C and admitted, if selected, as above.
g) In case a candidate fails to identify a mutually agreeable supervisor prior to commencement of any of the two terms of registration (September 12 and March 13) during the academic session 2012-13, he/she shall forfeit the opportunity of registration for Ph.D. against his/her application under RET 2012.";
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