NEHA JAIN D/O SH. JAYANT KUMAR JAIN Vs. THE CHANCELLOR, SHRI JAGDISHPRASAD JHABARMAL TIBREWALA UNIVERSITY

JUDGEMENT

(1.) Under challenge is the order dated 30-11-2017 passed by the Registrar, Shri Jagdishprasad Jhabarmal Tibrewala University, Vidyanagri, Churu Road Post Churela, Jhunjhunu, Rajasthan (hereafter 'the University') terminating the petitioner's admission as Research Scholar and issuing migration certificate. It has also been prayed that the University be directed to provide a guide to the petitioner enrolled as a Ph.D. student as per UGC norms for her two years regular research course commencing April, 2016. Other myriad directions have also been sought, some related to the main prayer others not so.

(2.) The petitioner was admitted to the Ph.D. course under the two years regular scheme as research scholar in the management department of the University through an entrance examination and formally registered on 25-4-2016 effective 17-4-2016. Dr. M.L. Dhani was appointed guide/Supervisor and Dr. Manak Chand Soni as co-guide/co-supervisor on 2-5-2016 as claimed by the petitioner. The petitioner was required to submit her synopsis of the topic in which she sought the Ph.D. degree and ensure attendance of course work classes as scheduled in the department. The petitioner's case is that Dr. M.L. Dhani was reluctant to act as guide on the ground that he lived at Mumbai and not in Jhunjhunu, was not a regular member of the faculty of the University and hence was not competent for appointment as Supervisor/Guide of the petitioner. The petitioner submits that she was thus compelled to do her research work for her Ph.D. under the supervision of co-guide Dr. Manak Chand Soni, who signed all her research work. It has been submitted that during the period the petitioner attended the required course work and classes as testified to vide letter dated 19-5-2017 issued by the Coordinator Ph.D. Research department of the University. It has been submitted that the requisite research work was completed, the petitioner wrote all subjects examination and also submitted subject assignment as per UGC norms. Thereafter the petitioner claims to have submitted the summary of her research work on 20-4-2017. The petitioner's research work was sent for plagiarism evaluation, wherein on software checking it was first to have 20% plagiarism. On subsequent check on 13-11-2017 the petitioner's thesis was found with 14% plagiarism which the petitioner submits is acceptable in terms of prescribed norms. It has been submitted that the petitioner thereupon took further requisite steps as warranted by the operating procedure of the respondent university for grant of Ph. D. and completed all documentation. Her pre-thesis/evaluation was done by the panel constituted for the purpose on or about 14-11-2017.

(3.) The petitioner's case is that despite discharge of her all obligations as a Ph.D. scholar she is still unable to successfully complete her Ph.D. programme in view of the fact that no regular scholar/guide for the Ph.D. was provided to her as per UGC norms. And resultantly the petitioner's right to grant of a Ph.D. degree is being stalled. The petitioner submits that under the UGC minimum standards and procedure for award pf M.Phil/Ph.D. Degree Regulations 2009 (hereafter 'Regulations of 2009') for grant of Ph.D., the research guide/supervisor appointed should be a member of the regular faculty of the University, in the instant case, in the Management department with MBA and minimum work experience of ten years, besides publication of books, research paper articles, etc. Dr. M.C. Soni is yet not so qualified and hence not eligible to be the petitioner's guide/supervisor. It has been submitted that the petitioner has been seeking appointment of an appropriate Guide/Supervisor other than Dr. M.C. Soni who does not have the requisite qualification as per UGC norms. But to no avail. It has been submitted that instead the petitioner is being coerced into depositing of a sum of Rs. 3 lac odd under pain of her research work on the Ph,.D. in management being brought to a naught. It has been submitted that piqued by the petitioner asserting appointment of her Guide/Supervisor as per UGC norms, her migration certificate was arbitrarily and malafidely issued by the University on 30-11-2017 without any just cause or even a bare compliance with on principles of natural justice. Hence this petition with the reliefs prayed for.