RAJIV KUMAR SINGH Vs. LUCKNOW UNIVERSITY

JUDGEMENT

(1.) The petitioner's application dated 16-3-89 which was personally presented by him was treated to be a writ petition filed under Art.226 of the Constitution. Notice of this petition was issued to the Vice Chancellor of the Lucknow University and the Dean, Faculty of Science. The grievance raised in this petition is that the petitioner is not being admitted in the Ph.D. course, although he had passed M.Sc. (Physics) examination and was also declared successful in the "Joint C.S.I.R., U.G.C.,J.R.F. Examination 1987."

(2.) In response to the notices issued to the University authorities, Sri Umesh Chandra put in appearance and produced before us a Notice duly signed by the Vice Chancellor in his capacity as the Chairman of the Admission Committee and the Registrar as Secretary of the said Committee which reads as under- "The Admission Committee at its meeting held on April 1, 1989 considered the case of Sri Rajiv Kumar Singh for admission to the Ph. D. programme in Physics of the University. As per existing Ordinance governing admission to the Ph. D. programme only such candidates are eligible for admission to the Ph. D. programme as have had a consistently good academic career as laid down and defined in the First Statutes of Lucknow University as amended up to date, that is to say, who have obtained at least 55% marks at the Post Graduate Examination in the subject concerned or an equivalent grade. Since Sri Rajiv Kumar Singh had obtained only 53.6% marks at the M.Sc. (Physics) Examination of 1988, he is not eligible for admission to the Ph.D. programme, even though he has qualified in the joint CSIR/UGC Junior Research Fellowship Examination, 1987 for the award of the JRF. This eligibility for the award of Junior Research Fellowship does not entitle him for admission to the Ph.D. programme of Lucknow University as matter of right. Sri Rajiv Kumar Singh's application for admission to the Ph.D. programme is accordingly rejected. Sd/- M.M. Varma Sd/- S.P. Nagendra 1.4. (M.M. Varma) (S.P. Nagendra) Registrar Vice-Chancellor, Secretary. Chairman. 1-4-89"

(3.) A perusal of the above note would indicate that the petitioner has been refused admission in the Ph.D. Course on account of his having obtained 53.6% marks at M.Sc. (Physics) Examination of 1988. It is pointed out by Sri Umesh Chandra that the University in its Ordinances has laid down that the eligibility criteria for admission to the Ph.D. Course is the same as has been prescribed by the First Statutes of Lucknow University for purposes of appointment to the posts of Lecturers in the Faculty of Arts, Science, Commerce, Law and Education. Ordinances 1 and 2 made by the University on 20th May, 1988 for admission to the Ph.D. Course for the students admitted from the Session 1988-89, provide as under :- "1. A candidate for the degree of Doctor of Philosphy in a subject must hold a Master's degree in the subject concerned of this University or an equivalent degree of another University recognised by this University. Explanation- A candidate holding a Master Degree in an allied subject may also be considered for admission to Ph. D. by the Departmental Research Committee. 2. Additional qualifications for admission to the Ph. D. Programme shall be such as may be laid down by the Board of the Faculties concerned."