LAWS(ALL)-2012-7-308

SATISH KUMAR RAI Vs. UNION OF INDIA

Decided On July 03, 2012
Satish Kumar Rai Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and Sri Ajay Singh for the respondent -University. The petitioner applied for being registered as a Ph.D. Scholar in the subject of Electrical Engineering on a particular topic. He proceeded to submit his thesis which is in the language of Hindi. The University sent a communication to the petitioner through the Deputy Registrar Academic that the petitioner's thesis should be submitted in English version only.

(2.) THE petitioner has challenged this communication of the University on the ground that under the ordinances framed by the University itself, Ordinance No. 6.3 permits a candidate to submit his thesis either in Hindi or in English. The ordinance referred to by the learned Counsel for the petitioner is reproduced herein under: -

(3.) A counter affidavit has been filed on behalf of the University and along with the counter affidavit the original application form filled in by the petitioner has been filed as Annexure -CA -2. Against the column of the language in which the thesis will be written, the petitioner has undisputedly offered to submit his thesis in English language. The University, therefore, has taken a stand that even otherwise the petitioner has acquiesced by exercising his option. It is on this basis that the petitioner was allowed to pursue his research and submit his thesis. The petitioner has filed a rejoinder affidavit and it is contended that filling up of the application form does not take away the impact of the ordinance referred to hereinabove and that the University cannot bind the petitioner to submit the thesis in English version.