- (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. (a) The petitioner is ineligible for Ph.D. work in the light of the Ordinance 124 of the University of Rajasthan. (b) Admittedly the petitioner possessed B.A. degree with Second Division and M.A. in English with Third Division. In view of Ordinance 124 the judgment should possess master degree with atleast 55% marks or second division at the U.G examination as well second division at the post graduation examination. Thus, the ingredients of Ordinanace 124 are not fulfilled by the petitioner. (c) The case of the petitioner was considered by the various relevant bodies of the University of Rajasthan like Research Board, Academic Council and Syndicate, but the petitioner was not found fit for grant of approval under Ordinance 124. d) The Syndicate in the meeting held on 6-5-2001 decided not to take a view in the matter as the provisional registration was granted by the Vice Chancellor subject to approval of Research Board. e) The petitioner applied for Ph.D. registration in commerce having passed P.G. in English subject with third division and the petitioner was permitted to Ph.D. in the commerce without undergoing and taking any test contrary to Ordinance 124 (IV) of the University of Rajasthan. (f) The petitioner was permitted provisionally to be Ph.D. research work and the Syndicate in the meeting dated 6/05/2001 decided not to take a view in the matter.;