MAKRAND SAMVATSAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for issuance of writ in the nature of mandamus challenging the order dtd. 24/01/2025 (Anexure-P/1) cancelling the Ph.D. registration of petitioner as Research Scholar meaning thereby refusing to accept the Ph.D. thesis of the petitioner on the ground of "Automatic Lapse of Registration" under Ordinance No.18 (Doctor of Philosophy) of Devi Ahilya Vishwavidhalaya, Indore. The petitioner has also challenged the Constitutional validity of Ordinance No.18 (Doctor of Philosophy) of Devi Ahilya Vishwavidyalaya, Indore (for brevity "DAVV") to the extent it mandates automatic lapse of Ph.D. registration without provision for extension or condonation, arbitrary, unconstitutional and ultra vires to U.G.C. Regulation.

(2.) The petitioner is a resident of Indore and respondent No.1 is State and respondents No.2 to 4 are the personnel of DAVV University imparting education. The petitioner completed his M. Tech. in the year 2007 with 80% marks, thereby fulfilling eligibility for admission to the Ph.D. programme in Computer Science at DAVV, Indore. In February-March, 2014, the petitioner appeared in the Doctoral Entrance Test (DET) conducted by the University and cleared the said test. In April 2014, the petitioner has cleared the interview, placed in the merit list and was granted provisional admission and was given registration to the Ph.D. programme on 24/09/2015. Petitioner was allotted respondent No.4 - Dr. Priyesh Kanungo as Supervisor/Guide under whose guidance and supervision petitioner was supposed to pursue Ph.D. Thereafter, petitioner successfully completed the prescribed Ph.D. course work and became eligible to proceed with research in accordance with the Ordinance.

(3.) The case of petitioner is that his subject was "EFFECTIVE SCHEDULING MECHANISM IN CLOUD COMPUTING ENVIRONMENT USING VIRTUALIZATION TECHNIQUE" and due to detailed research and extraordinary time taken in fulfilling research, petitioner could not complete his Ph.D. in time i.e. on 24/09/2019, owing to personal and academic circumstances requiring additional time, the petitioner duly re-registered by the University to continue and complete the same research work. The petitioner's synopsis was duly approved by the Competent Research Committee/Research Degree Committee, thereafter the petitioner commenced substantive research on the approved topic. During the course of research, the petitioner consistently progressed and published more than 20 research papers in peerreviewed/UGC-approved journals and delivered over 25 presentations at National and International Conferences/Seminars.