The High court of Allahabad had allowed a petition filed by the students seeking for admissions to D.Phil courses in the terms of the admission which was granted to them in the year 2012 instead of directing them to take the Combined Research Entrance Test-2017 for admission to D.Phil. course in Globalization and Development Studies.
Brief facts of the case are that the petitioners had taken admission and thereafter had commenced their study of the course of Graduation-cum-D.Phil. and had thereafter completed their 10th Semester by in 2017. When instead of admitting the petitioners to D.Phil. courses, they were being directed to take the Combined Research Entrance Test-2017 by which they were required to take an admission test for admission to D.Phil. course in Globalization and Development Studies, then the present writ petitions were filed praying that the petitioners be granted admission in D.Phil courses in the terms of the admission which was granted to them in the year 2012.
“University Grants Commission (Minimum Standards and Procedure for Award of M.PHIL./PH.D. Degrees) Regulations, 2016
12. Award of M.Phil./Ph.D. degrees prior to Notification of these Regulations, or degrees awarded by foreign Universities:
12.1 Award of degrees to candidates registered for the M.Phil./Ph.D. programme on or after July 11, 2009 till the date of Notification of these Regulations shall be governed by the provisions of the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D. Degree) Regulation, 2009”.
Petitioners’ Counsel in both the writ petitions have said that the Academic Council of the University of Allahabad had introduced for the first time a course in the name of Globalization and Development Studies and the Council in 2011 had resolved that the Degree of Philosophy in Globalization and Development Studies could be taken through a programme of Bachelor/D.Phil. dual degree integrated programme, and the Academic Council of theUniversity of Allahabad had introduced for the first time a course in the name of Globalization and Development Studies and the Council had resolved that the Degree of Philosophy in Globalization and Development Studies could be taken through a programme of Bachelor/D.Phil. dual degree integrated programme.
The Counsel also said that the Centre for Globalization and Development Studies, University of Allahabad met under the Chairmanship of the Programme Committee Professor V.P. Singh and had resolved that such students who had been enrolled prior to the commencement of the programme which was subsequently being changed in the year 2016-17 would be eligible to continue with D.Phil. programme as per the provisions which were existing prior to the commencement of the programme of 2016-17.
Counsel appearing for the University, however, submitted that even though the petitioners were admitted as per the resolution of the Academic Council and as per the advertisement etc. issued by the University, the University had to give admission in the D.Phil course only by means of an entrance examination and this was only for the benefit of the students as in the notification of the University Grants Commission of the year 2016 it had been provided that if admissions were done in contravention of the notifications issued by the University Grants Commission then the degrees would not be recognized.
Counsel appearing for the University Grants Commission also submitted that the University was bound by the notifications of the University Grants Commission and, therefore, it could not digress from the notifications issued by the University Grants Commission.
Acting upon the plea, the single judge bench of Justice Siddharth Verma said that, I am convinced that the University and the University Grants Commission both were bound by their initial actions. In the year 2009, the University Grants Commission had given the University the freedom to admit students to D.Phil courses in the manner they would decide.
The High Court further said that when in the year 2011 the University of Allahabad, in the Department of Globalization and Development Studies, had decided to take students in the integrated course of Graduation and D.Phil. then they did not commit anything wrong and when the University Grants Commission came up with certain directions that the D.Phil admissions had to be done after an entrance examination then the University had issued a notification that such students who had been enrolled prior to the commencement of the Programme of 2016-17 would be eligible to get themselves upgraded to the D.Phil course as per the provisions which were in existence before the commencement of the 2016-17 programme.
“I, therefore, hold that when the petitioners had obtained their admissions in the year 2012 in accordance with the Rules/Regulations/Notifications of the University and also of the University Grants Commission, then there was nothing illegal in the admission. The University and the University Grants Commission both were bound by their Resolutions and Notifications. In fact, they were estopped from digressing from their earlier stands.
“The University Grants Commission also by its notification had very categorically stated that such candidates who were registered for programmes on or after 2009 but before the notification of 2016 would continue to be governed by the provisions of the 2009 Regulations. Under such circumstances, the petitioners would be entitled for admission to the D.Phil courses. The petitioners may now be admitted in the course forthwith”, held the High Court.
Thus, the writ petition filed by the students was allowed by the Allahabad High Court.
-India Legal Bureau