DEVEN MAHAJAN Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) Whether a subordinate legislation can be made operative before completion of the codal formalaties?

(2.) The petitioner is a post graduate in commerce. He has cleared the National Eligibility Test (NET) conducted by the U.G.C. in the year 2007. The respondent University invited applications for entrance test to Ph.D. Programme, 2010. The last date for submission of the application was 22nd September, 2010. There are nine seats in the commerce stream. It is seen from the instructions in the application form that the qualification for admission to Ph.D. Courses shall be as per Ordinance 1.4. Those who have qualified NET alongwith the award of Junior Research Fellowship (JRF) are to be admitted without undergoing the entrance test. For the remaining seats entrance test is conducted and additional weightage is given for NET/SLET or M.Phil. The instructions, as in the application form, are extracted below:--

(3.) Ordinance 1.4 provides for the qualification for admission to Ph.D. which reads as follows:-