MOHAMMED KHUDRATHULLA Vs. RAJIV GANDHI UNIVERSITY

JUDGEMENT

(1.) Petitioner is seeking for the following prayers:

(2.) The petitioner is employed as the Principal at the Government School of Nursing, District Hospital, Chamarajanagar. Under notification dtd. 17/2/2021, respondent invited application for entrance test for admission to Ph.D Course to Nursing, the petitioner qualified himself under the entrance test and petitioner took one 'Dr. Nagarathnamma .G' Professor and HOD in the Department of Community Health Nursing at Government College of Nursing, BMCRI, Bengaluru' as a guide and issued a declaration on 15/7/2021. Respondent had extended the date of submission of the preliminary synopsis till 16/8/2021 and the petitioner, having cleared the Ph.D entrance examination with an impressive score of 85.45 percentile, submitted his preliminary synopsis to the respondent on 6/8/2021. The respondent issued a revised ordinance concerning the enrollment of candidates for Ph.D research in Nursing 2021 stating that the candidates with Medical Surgical Nursing / M.Phil in nursing awarded by Rajiv Gandhi University of Health Sciences or any university recognised by Indian National Council are eligible for enrollment in the in Ph.D course in nursing. According to the petitioner, this Clause made the petitioner eligible for pursuing Ph.D in Medical Surgical Nursing. Several representations were made by the petitioner for reconsideration of his candidature, in response, the respondent addressed the letter to the petitioner stating that the petitioner has chosen his guide under Community Health Nursing Specialty, which is a different specialty and thereby, made the petitioner ineligible to pursue the Ph.D in Nursing under her guidance. Several requests of the petitioner requesting for reconsideration of the petitioner's candidature under the guidance of Dr. Nagarathnamma was not responded and the refusal of the respondent to permit the petitioner to pursue the Ph.D in nursing course under Dr. Nagarathnamma has made the petitioner to approach this Court.

(3.) The respondent filed statement of objections, inter alia, contending that the Ordinance governing Enrollment of Candidates for Research leading to Ph.D mandates that a Post Graduate student who intends to enroll himself for Ph.D is eligible for enrollment in the concerned subject only and he/she should opt for a guide in the concerned specialty empanelled by the university. It is stated that Clauses 6 and 7 of the Ordinance exhaustively covers the aspects of eligibility criteria for the Ph.D enrollment and the age and qualifications of a guide, any infraction of these norms results in lowering the standards of education and even if there were to be a infraction of the norms in an earlier occasion, it does not empower the authorities to perpetuate the mistake forever. It is submitted that the petitioner was informed about the decision and suggested to come with the proposal under the guidance of an eligible guide and sufficient time has been given. It is stated that in the letter directing the petitioner to get an eligible guide is in light of the Ordinance and under no circumstances, the petitioner can be registered under the guidance of Dr. Nagarathanamma and that the petition is liable to be dismissed.