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Judgment
Manoj Kumar Tiwari, J
Since common questions of fact and law are involved in these writ petitions, therefore these petitions are clubbed together and are being heard &
decided together. However, for the sake of convenience, facts of WPMS No. 1107 of 2021 are being considered.
Petitioner in WPMS No. 1107 of 2021 was enrolled for Doctor of Philosophy (Ph.D.) Programme with H.N.B. Garhwal University in April, 2014.
As per the Ordinance of the University applicable to Ph.D. Programme, Ph.D. has to be completed within four years from the date of registration.
The Ordinance provides for extension of one year, however, such extension could be granted on the recommendation of the School Board. Since
petitioner could not complete his Ph.D. within the term of four years, therefore, extension for one year was granted to him on the recommendation of
the School Board. However, the extension granted to the petitioner too expired on 02.04.2019, therefore, petitioner applied for re-registration on
10.01.2020; but, his application was rejected vide order dated 26.09.2020. Thus, feeling aggrieved, petitioner has approached this Court.
In the writ petition, contention of the petitioner was that School Board had recommended for re-registration of the petitioner vide resolution dated
31.07.2020, as such, the Registrar of the University was not justified in refusing re-registration of the petitioner.
In the writ petition, petitioner has also placed reliance upon a communication issued by University Grants Commission on 20.12.2020, whereby
extension of six months was granted to M.Phil./Ph.D. students, who was supposed to submit their thesis by 31.12.2020.
Learned counsel for the petitioner submits that Ph.D. work has been completed and thesis has been prepared, however, due to rejection of
petitioners’ prayer for re-registration, petitioner could not submit his thesis. Learned counsel for the petitioner has assured the Court that petitioner
would submit the Ph.D. thesis within a period of one month from the date of his re-registration.
The writ petition came up for preliminary hearing before this Court on 16.06.2021 and learned counsel for the University was granted time to get
instructions in the matter. Thereafter, again on 18.06.2021, time was given to the learned counsel appearing for the University to get necessary
instructions in the matter. Today, Dr. K.H. Gupta, learned counsel appearing for respondent nos. 1 & 2, on instructions, submits that it is the Board of
Studies, which is Competent Authority, as per Ordinance, for making recommendation and, in the case of petitioner, recommendation was made by
School Board, which is not competent for the purpose. He, however, submits that now a decision has been taken at the highest level in the University
to grant re-registration to petitioner in WPMS No. 1107 of 2021 & WPMS No. 1108 of 2021, in view of peculiar facts & circumstances of the case
which, however, shall not be treated as precedent in any other case.
In view of consensus given by learned counsel appearing for respondent nos. 1 & 2, the writ petitions are disposed of with liberty to petitioners to
submit online application(s) for re-registration in Ph.D. Programme, within ten days from today. The Competent Authority in the University shall
consider petitioners’ application(s) and pass appropriate order thereupon, within a period of ten days’ from the date of receipt of application(s)
alongwith certified copy of the order.