SOBHAN KUMAR SAHU Vs. CHANCELLOR BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) In this batch of Writ Applications, the petitioners had all applied for registration for Ph.D. Degree in their respective subjects and allege inaction of the Opp. Party No. 3 in not assigning them registration numbers although they had filed their applications in the prescribed form together with the bank drafts between March, 2001 & September, 2002. The petitioners call in question the impugned notification dated 14.8.2003 (Annexure-8) notifying all concerned that as per the order of the Chancellor dated 30.7.2003, Ph.D. candidates who have applied prior to the ban and have not been given registration number are required to apply afresh to the University as per the new Regulation under Correction Slip No. 1169 which came into effect from 4.6.2003.

(2.) The brief facts of the petitioners 'case is that they are all Fist Class Masters' Degree-holders in different subjects and intend to undertake research and study for a Ph.D. Degree under the Utkal University and accordingly applied in the prescribed form together with fees to Opp. Party No. 3 for getting registration number according to Regulations of the University contained in Correction Slip No. 1167 which had come into effect from 30.4.1999. The names of candidates, subject/percentage of marks and year of passing, the Masters' Degree examination and the date of application have been given in detail in the body of the Writ Applications. It is alleged that even though the applications in the prescribed form had been submitted during March, 2001 and September, 2002 with all enclosures as required together with the signature of the guide and recommendation of the Heads of the Institutions, the matter remained pending with the University for years in assigning registration numbers and in registering the petitioners for Ph.D. Degree in accordance with the Regulations of the University. It is stated that the Opp. Party No. 2 on 5.12.2002 issued a Notification on the basis of the order of Opp. Party No. 1 that no registration for Ph.D. should be allowed till the new Regulations are framed and implemented. The petitioners allege that the Notification has no application so far as the petitioners are concerned as they have applied much before the date of this Notification. Some of the petitioners sent a representation praying for registration under Regulation in Correction Slip No. 1167, but to no effect.

(3.) The Hon'ble Chancellor of the University and Opp. Parties 2, 3 & 4 have filed their separate counter affidavits refuting the claim made by the petitioners. In the counter affidavit filed on behalf of the Chancellor of the University, it has been stated that after the issue of U.G.C. guidelines in December, 1998 on revision of pay scales and making Ph.D. the minimum qualification for promotions under Career Advancement Scheme, there was a visible upsurge in the number of applications for Ph.D. registration. In addition to multiplying pressure on the recognized guides and impacting the class room education in an adverse manner, the craze has contributed to the dilution of the standard of Ph.D. work in an alarming manner. In some cases, unscrupulous and manipulative practices were restored to for obtaining Ph.D. degrees by undeserving candidates. Blatant plagiarism, collusive evaluation of dissertations, physical preparation of the thesis by the Guide without real involvement of the scholar, prolonged span of thesis work etc. were the most common aberrations noticed. Red-tapism in disposal of applications for registration, non-referral of thesis to examiners etc. also made it difficult for the scholars. A fool-proof procedure to guard against this was a felt need and, as such, it was put to debate during three consecutive Vice-Chancellors' Conference since August, 2000, Heads of the related departments of the Government and the Chairman, U.G.C. also participated in the deliberations. During the Vice-Chancellors' Conference on 29th September, 2001, the Vice-Chancellor, Sambalpur University was requested to prepare a paper on Ph.D. admission and circulate the same among all other universities. All the Vice-Chancellors were requested to send their study papers on Ph.D. admission to the Chancellor's office before the next Vice- Chancellors' conference. The study paper prepared by the Vice-Chancellor, Sambalpur University was put to debate during the Vice-Chancellors' Conference on 13th May, 2002. There was a broad consensus on the essentiality of the qualifying examination and empanelling a foreign expert in the panel of examiner of the Ph.D. thesis. Thus a model regulation adopted by the Vice-Chancellors' Conference on 13th May, 2002 was with the professed intention of making the pursuit of doctoral degree a serious business. It meant to ensure that the scholar physically works for the degree, acquaints himself with the latest knowledge in the field and contributes his bit. The new regulation envisages a four stage research career for a candidate. At the outset, the candidate has to take a qualifying examination meant for identifying scholars with aptitude. In the second stage, he has to go through a full fledged course work for a period of one year for acquiring latest knowledge in the field, acquaintance with research methodology and preparation of a research project and dissertation. Candidacy examination at the end of course work for recognizing the candidate as a bona fide research scholar is the next important stage. The fourth and final phase is the actual stage of research scholarship which would span over about two years. The thesis submitted after the research work will be put to an evaluation for quality by the examiners including one foreign examiner. Candidates who have cleared NET and GATE examinations conducted by U.G.C. would be exempted from qualifying examinations, but those having M. Phil degree will enjoy credits for the same. The above broad policy framework drafted by the Vice-Chancellors of Utkal University, Sambalpur University and North Orissa University after the Conference, was expected to put an end to the elements of casualness in research pursuits and confine the research span to three years. It is further contended by the Learned Counsel for the Hon'ble Chancellor that the Vice-Chancellor of a University is the Chairman of the Academic Council as per statute 24 of the Orissa Universities First 'Statutes, 1990 and it was expected that the Vice-Chancellors of all the Universities in the State would convene meeting of the Academic Council immediately after the Conference to take action in this direction, but on the other hand, the Chancellor's office received several petitions alleging that steps are being taken surreptitiously to enroll Ph.D. scholars under the old Regulation in large numbers at the behest of some unscrupulous employees of the university with a view to dodge the new Ph.D. Regulation which was going to be tough for casual researchers. The Chancellor having received complaints and having noticed that there has been unusual delay by the Universities to frame and adopt Ph.D. Regulations in terms of the decision in the Vice-Chancellors' Conference, it was decided to intervene in the matter and to stop process of receipt of applications for registration by the Universities till the new Regulations were adopted. The Commissioner-cum-Secretary to the Chancellor, therefore, vide letter No. 9431 (8) SG dated 11.10.2002 issued the Chancellor's directives to all the Universities that no registration of Ph.D. be allowed till new Regulations are framed and implemented. A copy of the directives has been annexed as Annesure-A/1 to the counter affidavit. The Universities have ultimately framed the Regulations and the Utkal University in Correction Slip No. 1169 has incorporated the new Regulations which have been given effect to from 4.6.2003 and as such, the applicants are to be governed thereunder.