SUNIL AMBWANI, J. - (1.) HEARD Shri Radhey Shyam Yadav-the petitioner, in person. Shri A.K. Goyal appears for the University of Allahabad. Shri Suneet Kumar appears for respondent No. 5. Notices were issued to all the private respondents on 23rd July, 2007. The postal envelopes did not return back after service on respondent Nos. 6 to 11. Under the rules of the Court, they will be deemed to be served.
(2.) SHRI P.S. Baghel, Advocate has also entered appearance for the University and has filed affidavit of Shri Rajendra Govind Harshe, the Vice-Chancellor of the University of Allahabad. At the admission stage the Court required the University to file affidavit and to produce records. On 31.8.2007 the Court passed following orders: "It is admitted to the University that admission to Research Course is regulated by Statutory Ordinances in the name of 'Ordinances for the Degree of Doctor of Philosophy' and the procedure for consideration of the application has been provided by the 'Rule for D. Phil Research' as approved by Executive Committee (Annexure-SCA-3 to the affidavit of Head of the Department). Ordinance Nos. 2, 3 as well as Rules 2, 3 and 4 relevant for our purposes are being quoted below: "Ord.2. The candidate shall apply for admission in the University stating his qualifications and the subject he proposes to investigate and enclosing a statement of any work he may have done in the subject. Ord.3. The application shall be placed before the Research Degree Committee consisting of the Vice-Chancellor, the Dean of Faculty and the Head or Heads of Departments concerned; they shall have the power to co-opt two other members. This Committee shall satisfy itself that the subject offered is one which can profitably be pursued under the superintendence of the University and that the candidate possesses the requisite qualifications and equipment. If the Committee is satisfied on these points, it shall grant the application for admission and appoint a member of the teaching staff or in a special case a distinguished scholar or a retired teacher of the University residing within the territorial limit of the University and working in the laboratories of Allahabad recognised by the aforesaid Committee, to guide the work of the candidate. The proceedings of the Committee shall be reported to the Faculty Board at its next meeting.
(3.) RULE 2. Each Department will form a Doctoral Programme Committee (DPC) constituted by the Departmental Committee, or where the Departmental Committee cannot be constituted, by the Head of the Department, consisting upto 5 senior faculty members representing the broad areas of research and specialization. The DPC will perform the following functions: (e) recommend students on merit on the basis of their research and academic aptitude who can be admitted to the D. Phil, programme. A candidate must have obtained a post graduate degree in the subject or a cognate subject from a recognized University. (f) monitor the progress of all research scholars. (g) recommend/approve the names of supervisors for each candidate based on the area of interest, availability of seats, supervisor's consent, etc. and recommend names of students whose progress is unsatisfactory to the R.D.C. For striking off their names from the rolls. (h) prescribe such course work or training necessary for each student. (i) organize special lectures, classes, seminars, and workshops so as to provide training in various research areas and methodology of research. (j) take appropriate steps for enhancing the quality of research programme and specifically ensure authenticity of information. Rule 3. All students who are recommended for admission must have consistently good academic record as defined by the UGC and aptitude for research and teaching. Students who can peruse research on a full time basis only shall be enrolled. Students perusing any other courses of study in this or any other University will not be admitted or will be liable to be struck off the rolls unless the University has permitted his/her in the interest of his own research. Rule 4. Only in exceptional circumstances Doctoral Programme Committee may consider to admit student with a third division either at the Intermediate or High School levels provided the candidate has other qualification such as publications which demonstrates that he/she will be able to do good quality research in the University and the candidate has secured a minimum of 54% average marks in all examinations. A candidate with a 3rd division at the graduate or postgraduate levels will not be eligible for admission." It may further be recorded that according to the counsel for the University a teacher is entitled for enrollment of Research Scholars to the following extent: '2 in a year and 6 at the maximum at any point of time.' An advertisement was published on the notice board of the University of Allahabad dated 11.7.2007 inviting applications for enrollment for D. Phil in the Education Department of the University of Allahabad.;