- (1.) THE petitioner is a Post Graduate in Second Divison in Zoology having qualified from the University of Saugar. He applied for registrtation for Ph. D. in Zoology under the supervision of Dr. N. K. Lohya, Associate Professor of Zoology in the University of Rajasthan. Dr. Lohya has further certified that the subject choosen for research work had not been studied so far and has sufficient scope for keeping the candidate engaged for two years. His subject was approved by Dr. Lohya as is clear vide Annexure-2 attached to the writ petition.
(2.) IN addition to being Post-Graduate, the petitioner is said to have worked on various research projects in All INdia INstitute of Medical Sciences (A. I. I. M. S.), New Dehli. He had attended some INternational conferences on `reproductive Phy- siology'. He is a member of Scientific Society etc. etc. The petitiner was informed vide Annexure-3 that he is not eligible for registration for Ph. D. on the ground that the petitioner was not a graduate in Second Division and he is M. Sc. in second division, therefore, he does not fulfil the qualifications required under Ordinance 124 of the Rajasthan University Ordinance issued by the University of Rajasthan. The petitioner made representations. The then Head of Department also recommended the name of the petitioner enclosing a resume Carriculum Vitae of the petitioner for Ph. D. registration on the ground that the petitioner had appreciably contributed in the field of `reproductive Physiology' vide Annexure-4, but still his request was not agreed to. The Vice Chancellor of the University was informed by the Head of Department of Zoology vide Annexure- 8. The case of the petitioner was referred for registration to the Standing Committee of Research Board on 10. 3. 1995. The committee consisted of Prof. B. Pahi- Convenor, Prof. T. Bhatacharya-Dean Faculty of Law, Prof. J. L. Bansan-Dean Faculty of Science, Dr. Lalit Tiwari-Dean Faculty of Social Science and Dr. (Mrs.) P. L. Kushwa- ha Deputy Registrar (Res) as its members. After considering the academic qualifications of the petitiner i. e. B. Sc. in third Division and M. Sc. in second division with 52 marks, his case is said to have referred to the Research Board. Ultimately, vide order Annexure-9 dated 14. 10. 1996, the petitioner was informed that the Vice Chancellor on behalf of the Syndicate had permitted the petitioner for registration as a research scholar to supplicate for the Ph. D. Degree of the University on the subject `ultra Structural (Sem/tem) study of Speronatozoa from Infertile human' under the supervision of Dr. N. K. Lohya, Associate Professor, Department of Zoology. Registration was for a period of 3 years from the actual commencement of the research work. The University vide Annexu- re-11 had accepted the date of commencement of Research work to be 1. 12. 1993. Extension was also granted by the University upto 1. 12. 1997 vide Annexure-13 on 14. 3. 1997. After depositing the requisite fee etc. , the petitioner submitted his thesis on the subject stated, after having been recommended by the Supervisor and Head of Department. The University through the Deputy Registrar (Research) refused to receive the thesis. The petitioner made representations. Prayer of the petitioner in the writ petition is that the direction be issued for quashing the action of the respondents in not accepting the thesis, with a further prayer that writ of mandamus be issued to process the thesis in Ph. D. degree after its acceptance. It is submitted on behalf of the petitioner that in view of the research work done by the petitioner and even if he is not a second divisioner in B. Sc. and otherwise he is a second divisioner in M. Sc. , in view of the proviso to Ordinance 124 in the special circumstances, the candidate can be permitted to do the research work on the recommendation of the Head of the Department and the Supervisor.
(3.) THE University of Rajasthan has filed the written statement. THE facts as stated are admitted, but the petition is being opposed on the ground that the peti- tioner cannot be allowed to do research work in view of Ordinance 124 of the Ordinance. It is stated that the Ordinance 124 was amended in the year 1985 and the proviso clause was deleted. It is further admitted in the written statement that the petitioner was permitted to carry on the research work only provisionally. It is submitted that the then Vice Chancellor had perhaps committed a mistake by allo- wing the petitioner to carry on the research work provisionally. THE letter which was communicated to the petitioner had omitted certain provisions which are now reproduced in Annexure R/1 to the writ petition. It is submitted that the recommendations of the Standing Committee were to be again referred to the Research Board. Such Board is said to have met on 24. 7. 1997 and the recommendations of the Sta- nding Committee were not confirmed in the meeting held on 23. 7. 1997, 24. 7. 1997 and 1. 8. 1997 and, therefore, in view of the amended Ordinance 124, wherein such proviso had been omitted, according to the University, no right had vested in the petitioner to apply for or appear for registration for the Ph. D. degree. The Head of Department of Zoology has also filed reply to the writ petition. It is admitted that the Head of the Department, Zoology, had strongly recommended the case of the petitioner for being registered as a scholar. It is admitted that after examining the relevant documents of the case, the candidature of the petitioner was duly admitted, he was enrolled as Enrolment No. 93/23812. It is submitted as per Annexure R-/1 that the petitioner had devoted his full time for three years. The petitioner had been supported by the Head of the Department by saying that at the relevant time in the published books of the Rajasthan University there was no deletion of any provsio. After hearing learned counsel for the parties, I am of the opinion that the petition must succeed. Three books of original publishing by the Rajasthan Univer- sity of the year 1985, 1990 and 1995 "hand Book of University of Rajasthan", do contain the proviso of Ordinance 124 to the effect that a candidate getting 2nd division at P. G. Examination with less than 55% marks may be permitted to do research work on special recommendation of the Head of the Department/ Principal concerned and the Supervisor. The complete Ordinance 124 as published at the University of Rajasthan press is reproduced as under :- `o. 124. A candidate for admission to the degree of Ph. D. in the Faculties of Arts, Fine Arts, Music and Dramatics, Social Sciences, Science, Commerce, Education, Law, Engineering and Technology, Medicine and Pharmaceutics and Ayurveda and the degree of Vidyavaridhi in the Faculty of Sanskrit Studies must have obtained the Master's degree (with atleast 55% marks at the Post-graduate examination or second division at the Post-graduate examination with alteast second division at the Degree Examination) of the University or of another University recognised as equivalent thereto in the subject or any allied subject in which he/she wishes to pursue research; provided that the Master's degree should have been ob- tained after taking the Bachelor's degree with full prescribed course for the degree provided that a candidate getting a second division at the Post-graduate examination with less than 55% marks may be permitted to do research on the special recommendation of the Head of the Department/principal concerned and the Supervisor. An Acharya Degree holder of a Statutory Body may be considered as equivalent to an M. A. degree holder for the purpose of Ph. D. registration, after qualifying in the papers on - (i) `vedic Literature and Elements of Comparative Philology and (ii) ' Literature and Cultural History of ancient India' of the M. A. (Sanskrit) Examination of the University. Notes :- 1. (a) This provision will, however, not debar those persons who have at least five years teaching experience of Post- graduate classes. (b) For teachers of a standing of at least ten years, the condition of obtaining second division at the degree examination may be relaxed at the discretion of the Research Board. (2) Candidates who take the B. A. degree of another statutory Indian University as oriental candidates after passing a public examination in a classical or a modern Indian language and therafter the M. A. degree as regular students or teachers etc. will also be eligible for registration under this Ordinance. (3) In order to be eligible for registration for the degree, a candidate must be the holder of the Master's degree of at least two years standing at the time of conferment upon him the degree of Ph. D. which shall date from the convocation at which the Masters degree was conferred upon him. (4) No candidate will ordinarily be permitted to do research work for the degree of Ph. D. in a Faculty different from the one in which he/she has obtained his/her Master's degree. Permission to supplicate for the degree of Ph. D. in a different Faculty/subject may be granted in special case on the recommendation of the Research Board subject to the condition that such a candidate shall be requi- red to quality in a written test to be held by the University. The written test shall consist of one paper of three hours duration carrying 100 marks and is intended to test proficiency of a candidate in the subject in which he/she seeks registration. (5) (a) The candidate may present himself for the degree of Doctor of Philosophy/ph. D. , in the medical sciences of Anatomy, Physiology, Bio-chemistry, Pharma- cology, Pathology, Microbiology and Preventive and Social Medicine provided that he is M. Sc. (Med.) or M. D. or M. S. in the medical science concerned, of this University or of any other University recognised by the Syndicate for the purpose, and at least two years have lapsed since he qualified for the degree of M. D. or M. S. and three years have lapsed in the case of those who had qualified for the degree of M. Sc. (Med.) (b) The candidate may present himself for the degree of Doctor of Philosophy (Ph. D. in the Medical Science of Experimental Medicine, Experimental Surgery, Expeerimental Obstetrics and Gynaecology and Experimental Ophtholmology) provided that he is M. B. B. S. followed by M. D. or M. S. in the Medical Science concer- ned of the University or of any other University recognised by the Syndicate for the purpose and at least two years have lapsed since he qualified for the degree of M. D. or M. S. (6) The candidate may present himself for the degree of Doctor of philosophy (Ph. D.) in the Faculty of Ayurveda provided that he/she is Ayurved Brahaspati of the University or its equivalent degree recognised by the University, for the purpose. Provided further that a teacher who possesses Bhishgacharya/ Ayurvedacharya (Rajasthan)/ Ayurvedacharya of Rajasthan University or its equivalent degree recognised by the University and having atleast five years teaching expereince of degree level in an affiliated Ayurvedic College may be allowed registration for the Ph. D. degree directly. (7) The degree of Ph. D. in the Faculty of Sanskrit Studies shall be designated as `vidya-Varidhi' (Ph. D.) and for the purpose of this degree, Master's Degree and the Bachelor's degree mean the Acharya Degree and the Shastri Degree respectively. ' ;