CHANDRA NATH MISHRA Vs. RANCHI UNIVERSITY AND ORS.

JUDGEMENT

(1.) AGGRIEVED by order dated 4.6.2013 whereby, the request of the petitioner to enroll himself in Ph.D. in Sociology has been declined, the petitioner has approached this Court by filing the present writ petition. The petitioner is a Master's Degree holder from Indira Gandhi National Open University (IGNOU) with 52% marks in P.G. (Sociology) and 59% marks in Post Graduate Diploma in Rural Development (PGDRD). The petitioner appeared in the entrance examination held in the month of July, 2011 for Ph.D. Registration (Sociology) in the Ranchi University. On 11.10.2011, the result was published and the petitioner was declared successful. Thereafter, the petitioner made application for registration in Ph.D. in the Ranchi University. The petitioner's application was entertained and he was called for pre -registration Seminar. The request of the petitioner was examined by a Committee of 8 members who recommended the name of the petitioner. The Guide of the petitioner also gave his consent however, on the plea that in Post Graduate examination, a candidate must secure 55% marks, the request of the petitioner for registration in Ph.D. in Sociology has been declined by the Vice -Chancellor, Ranchi University on 25.5.2011. Relying on a decision in "Punam Kumari v. Lalit Narayan Mithila University & Ors.", : 1993 (1) PLJR 609, the learned counsel for the petitioner submits that once the petitioner was permitted to appear in the examination and a favourable recommendation was made, the respondent -Vice -Chancellor could not have declined the request of the petitioner for registration in Ph.D. course. It is submitted that the higher studies in a University is regulated by the norms fixed by the University Grants Commission which has fixed the minimum educational eligibility criteria as high IInd Class. The requirement as reflected in letter dated 4.6.2013 as to 55% marks in Post Graduate examination is not prescribed by the University Grants Commission still, the request of the petitioner for registration in Ph.D. in Sociology has been declined, erroneously.

(2.) MR . Amit Kumar Sinha, the learned counsel for the respondent -Ranchi University supports the order contained in letter dated 4.6.2013 and submits that, since the petitioner has secured 52% marks only in P.G. (Sociology), his request for registration in Ph.D. has rightly been declined.