C M RAFEE Vs. UNIVERSITY OF AGRICULTURAL

JUDGEMENT

(1.) THIS writ appeal is filed against the judgment dated 12th September 2005 passed by the Learned Single judge in W. P. No. 16433/2005. The appellant is the petitioner in the writ petition.

(2.) THE appellant had been admitted to ph. D programme in the respondent University in the year 1992 - 93. Since he could not complete his Ph. D programme even within the maximum stipulated period of 12 semesters, his admission was cancelled in september 1998. Thereafter the appellant took readmission for the Ph. D programme on 5 - 10 - 2001 during the academic year 2001 - 2002. As per Regulation No. 8 (vi) of the university of agricultural Sciences, Dharwad, Academic information and regulations 1998 - 99 for Post Graduate Studies, the appellant ought to have submitted the thesis within three years from the date of readmission and if he failed to submit the thesis within the said period his admission was liable to be cancelled. As per the above mentioned regulation, the appellant ought to have submitted the thesis on or before 5 - 10 - 2004. The appellant submitted the thesis on 24 - 9 - 2004, but, on the very next day he took it back with a plea that he had to make some minor corrections and that it would be resubmitted at the earliest. The appellant resubmitted the thesis only on 4 - 1 - 2005. Since the thesis was resubmitted belatedly the appellant submitted Annexure - 'd' representation dated 4 - 1 - 2005 to the Director of Instructions (PGS)requesting that the delay may be condoned and the thesis may be accepted. Even though the Director of Research and the Professor and the Head of the Department of Agricultural entomology appeared to have opined that the appellant's request could be considered in view of the reasons stated in the representation without making it a precedent, the Committee constituted for the purpose of examining the academic records of the appellant and relevant documents, recommended cancellation of the admission of the appellant in view of Regulat ion 8 (vi)referred to above. The said recommendation of the Committee has been produced as Annexure - 'f'. The recommendation of the committee was approved by the Vice Chancellor of the university and Annexure - 'a' notification dated 24 - 2 - 2005 was issued by the University cancelling the admission of the appellant. Aggrieved by the cancellation of the admission the appellant filed the writ petition praying for quashing Annexure - ' A' - notification.

(3.) THE respondent - University filed Statement of objections and opposed the prayer in the writ petition. The respondent contended that the cancellation of the admission of the appellant was strictly in accordance with the Regulations of the University.