VINOBA BHAVE UNIVERSITY Vs. RAM YATAN PRASAD

JUDGEMENT

(1.) HEARD . Opposite Party No. 1 is an University Professor of Chemistry in Vinoba Bhave University, Hazaribagh, Opposite party No. 3 is a Lecturer in the Chemistry department of St. Xaviers College, Ranchi. He got himself registered for his Ph.D. Degree, under the supervision of opposite party No. 2, who was the then Head of Post Graduate University Department in Chemistry. Earlier opposite party No. 3 had occasion to work with opposite party No. 1 and had also got papers published in 1992 from Indian Academy of Sciences, Allahabad. Opposite party No. 1 learnt that opposite party No. 3 has fraudulently incorporated in Chapters IV and V of his thesis, the screening content of d and f block elements and evaluation of Election Affinity of elements, which was done by him with opposite party No. 1, but not with opposite party No. 2 and by letter dated 13.9.1999 informed Registrar of the University. Petitioner No. 3, and requested not to allow to submit thesis, unless the same was removed first.

(2.) IGNORING the said protest. Vice Chancellor -cum -Chairman, Research Council of University, permitted Board was constituted with dean of Science as its Head, which found the allegations to be correct and suggested not to accept the thesis without modification in those Chapters. The thesis was sent to Dr. J.N. Chatterjee, an Emeritus Professor, Patna University, for examination/verification thereof Dr. Chatterjee affirmed report of Enquiry Board and observed that aforesaid two chapters were backbone of the thesis, wherein those matters were wrongly included. It was unjust, unscientific, unethical and a day -light robbery. In the aforesaid circumstances, Dr. Chatterjee suggested to include opposite party No. 1 also as co -guide in the thesis. His suggestion was accepted by the Examination Board. Name of opposite party No. 1 was included as co -guide to which opposite party No. 2 and 3 had no objection, opposite party No. 1 was also appointed as one of the examiners for evaluation of the thesis, who submitted his report to the Controller of Examination on 3.1.2001.

(3.) ON 17.2.2001. defendants - petitioners filed a petition under Sections 9, 21 and Order VII, Rule 11 of Civil Procedure Code, read with Section 80 -A of the Bihar State University Act, 1976 (hereinafter to be referred to as the Act for short) to reject the plaint, as the suit was barred under Section 80 -A of the said Act.