JYOTSNA SAXENA Vs. JIWAJI UNIVERSITY, GWALIOR

JUDGEMENT

(1.) PETITIONER applied for Ph.D. degree (Degree of Doctor in Philosophy in Sociology subject and was registered as Research scholar in Jiwaji University, respondent no.1, in the year 1996. She submitted her thesis on 8.9.2000. The thesis was approved by respondent University for award of Ph.D. degree vide notification dated 29.10.2002. Copy of registration and notification are on record as Annexures P -3 and P -4. In the meanwhile, the petitioner applied for P.G.D.S.W (diploma course) in Social Work for the session 1995 -1996 and accordingly registration was done in Barkatullah University, Bhopal, Annexure P -5 to the Writ Petition. She appeared in the examination for P.G.D.S.W in Social Work in December 1997

(2.) WRIT Petition No.7330/12(S) academic session. She successfully passed the examination in First Division and was supplied the mark -sheet in the year 1999. 2. On a complaint made by one Smt. Kalpana Dubey, the respondent University issued a notice dated 23.02.2004 (Annexure P/6) to the petitioner calling upon her to show cause why her Ph.D degree may not be cancelled. It was stated in the notice that after registration for research work in the Jiwaji University, petitioner has simultaneously also got her registration for a Diploma Course from Barkatullah University, Bhopal for one year. The same was in violation of her declaration made at the time of registration for the Ph.D. and in violation of Research Ordinance Clause 11(20) of Jiwaji University. Clause 11(20) is as under: -

(3.) PETITIONER replied the notice dated 1.12.2004 by her letter dated 18.1.2005. She reiterated the submissions made by her in reply filed previously in response to first notice. In addition thereto, she further submitted that her joining of P.G.D.S.W., diploma in Social Work in Barkatullah University, Bhopal, through correspondence course was bonafide which she found to be helpful for her research work in Sociology. However, if for any reason she is found to be at fault for having violated Ordinance 11 (20) (supra), she volunteered to surrender her P.G.D.S.W., Diploma Course in Social Work and the mistake committed by her may be treated as a bonafide mistake as there was no oblique motive and the mistake was totally unintentional. She further stated that she had applied to the Barkatullah University, Bhopal, for cancellation of her Diploma and has submitted that no sooner did she receive the cancellation order from the said University, the same shall be submitted. At last, she prayed for withdrawal of the proposed harsh action of withdrawing her Ph.D. degree in Sociology.