JAGADEESH M. AND SURESH K.V. Vs. UNIVERSITY OF TUMKUR, REPRESENTED BY ITS REGISTRAR AND THE REGISTRAR, EXAMINATION AND EVALUATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners. The petitioners claim to be from a rural background and claim to have studied from I Standard to X Standard in Kannada medium and possess a rural certificate. Thereafter, they have also obtained their degrees and M.A. in Kannada medium and both the petitioners, desirous of acquiring a Doctorate of Sociology, had applied to the respondent - University to pursue their Ph.D., which is a course for three years. The respondent - University conducts entrance examination to screen post graduation students to ascertain their qualification. The entrance examination was conducted during March -April 2011 to 33 students who appeared for the examination. The petitioners were also among those students. It is their case that the entrance examination was conducted in the Kannada medium and that the petitioners were declared passed at the said examination and were referred to Vedavyasa Research Centre, Srinikethan Trust, Subramanya, Sullia, for further training and they had entered into an agreement with the Trust by virtue of an agreement between the Trust and the University. During March 2013, the course work of P.Hd. was notified to be held on 20th and 21st of April 2013 and the petitioners had paid their pre Ph.D. examination fee. But, when the petitioners went to pay the examination fee, they were told that the respondent - University would be conducting the Pre Ph.D. examination in English only in terms of the Regulations governing the University. Their request that they may be permitted to take the examination in any other language was denied. It is that which is the subject matter of the present writ petitions.

(2.) THE learned counsel for the petitioners would submit that there are other Universities such as the Mysore University, Bangalore University, the Karnataka University, Mangalore University, Kuvempu University as well as the Gulbarga University which are the several Universities in the State which conduct courses with a guide in various subjects in the Kannada medium and have been conferring a Doctorate to various candidates, all of whom have interacted only in the Kannada language. Therefore, there is no reason for the petitioners to have expected that they would be denied entry into the Ph.D. course only on account of the fact that they are well versed only in the Kannada language. In other words, there was no impediment for the University to permit the petitioners to take the course in the Kannada medium and it is this denial of the petitioners' right to pursue the Ph.D. course in the language which is common to all other Universities and which is held out as a reason for denying the right of the petitioners to pursue their Ph.D. course, that the petitioners claim discrimination by the University which is clearly arbitrary and violative of Article 14 of the Constitution of India. The petitioners having educated themselves in Kannada medium throughout and even having appeared for the entrance examination conducted by the very respondent - University in Kannada language, the respondent - University is estopped from now denying the right of the petitioners to pursue the course. It is contended that the Doctorate that would be conferred is for the proficiency of an individual student in a particular subject and the depth of the knowledge, the extent of personal and academic excellence in any subject can be assessed by an evaluator and the language therefore would not take the predominance in determining the eligibility of the student for the Doctorate and therefore, the English language would have no nexus to the object to be achieved by the respondent - University and its policy in dictating that the course shall not be in any other language other than English, and is therefore, highly discriminatory and is violative of the petitioners' fundamental rights. It is further contended that even the prestigious competitive examinations like the Indian Administrative Service, the Indian Police Service or the State -level KPSC Examinations are being conducted in the Regional language and are being conducted in Kannada in the Karnataka State and therefore, the University seeking to place English on a pedestal and refusing to permit persons such as the petitioners from taking the course in Kannada language, is clearly discriminatory and therefore, seeks that the petition be allowed.

(3.) For the first time, the University Grants Commission ('the UGC' for short) by Notification dated 01.06.2009 published in the Gazette of India dated 11.07.2009, made and brought into force Regulations called the University Grants Commission (Minimum Standard and Procedure for Award of M.Phil./Ph.D., Degree) Regulations, 2009, (hereinafter referred to as "the UGC Ph.D. Regulations"). These Regulations for the first time brought about Minimum Standards at National Level, making provisions for uniform procedure for Admission, Course Work and National Minimum Standard for Evaluation. That apart, it also stipulated depository with U.G.C. Regulation 20 made it compulsory that along with the Ph.D., Degree the Degree Awarding University shall issue a certificate certifying to the effect that the degree has been awarded in accordance with the provisions of these Regulations of the UGC. Regulations 14 to 18 which deal with Evaluation and Assessment Methods stipulated amongst others that upon satisfactory completion of Course Work and Research Methodology which shall form part and parcel of Ph.D., Programme, the Ph.D., Scholar shall undertake research work and produce a Draft Thesis within a reasonable time as stipulated by the University. It also stipulated that prior to submission of the Thesis, the student shall make a Pre -Ph.D., presentation in the Department that may be open to all Faculty Members and Research Students for getting feedback and comments which may be suitably incorporated into Draft Thesis under the advise of the Supervisor. It is also stipulated as an essential condition that Ph.D., candidate shall publish one Research Paper in a Referred Journal before the submission of the Thesis/Monograph for adjudication and produce evidence for the same in the form of acceptance letter or the reprint. As of now, most if not all the referred journals are published in English. Regulations require evaluation of the thesis submitted by Ph.D. students by at least two experts out of whom at least one shall be from outside the State. It also provides that it shall be up to the University concerned to have one examiner from outside the country. This is incorporated in the Regulations obviously with a view to have the Ph.D. thesis evaluated by best of experts in the country and worldwide, so that the Ph.D. degree awarded will be worthy of acceptance, globally. UGC by its letter dated 20.08.2009 directed the University to amend the concerned Regulations accordingly. Object of the minimum standards prescribed by the UGC Regulations is to enhance the standards of higher education in the country and to make the Ph.D. degrees awarded by the Indian Universities acceptable worldwide by adopting global standards.