SWETA @ SWETA RAJ Vs. PATNA UNIVERSITY, PATNA

JUDGEMENT

(1.) The present writ application has been filed on behalf of the petitioner seeking direction to the Patna University to recall letter No.Acad/297, dated 11.04.2016, issued by the Deputy Registrar, Patna University and for a further direction to the respondentUniversity to issue certificate of completion of Ph.D. under the University Grants Commission (Minimum Standard and Procedure For Awards of M.Phil./Ph.D. Degree) Regulation, 2009 (hereinafter referred to as the Regulation, 2009), in terms of clarification issued by the University Grants Commission, as notified under the University Grants Commission ( Minimum Standard and Procedure for Award of M.Phil./PH.D Degrees)Regulations, 2016 (hereinafter referred to as the Regulation,2016).

(2.) There are certain facts which are not in dispute. The 2009 Regulations, came to be published in the Gazette of India on 11.07.2009. The said Regulations specifically provide inter alia that they shall come into force with effect from the date of their publication in the Gazette of India. The petitioner had applied for Pre-Ph.D. Entrance Test, which she qualified on 21.02.2009. She got herself enrolled as Ph.D. student of Patna University in the Department of Humanities with Hindi as the subject. She submitted her thesis for award of Ph.D on 04.09.2013. She was awarded Ph.D. Degree on 18.12.2014. The 2009 Regulations have since been substituted by subsequent University Grants Commission (Minimum Standard and Procedure For Awards of M.Phil./Ph.D. Degree) Regulation, 2016 (hereinafter referred to as Regulations, 2016). Clause 12.1 of 2016 Regulations reads thus:-

(3.) The Regulations, 2009 lay down the procedure for admission; eligibility criteria for admission for the faculty to be recognized as Research Supervisor, both for M.Phil and Ph.D. Programmes; allocation of Supervisor; Course work and evaluation and assessment methods, inter alia.