Pankaj Kumar Singh v. The Lalit Narayan Mithila University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6548 of 2019 ====================================================== 1.

Pankaj Kumar Singh Son of late Rabindra Kumar, Resident of Mohalla - Raj Tank, Laxmipur, Police Station - Laheriya Sarai, District - Darbhanga. 2.

Md. Fazle Karim Son of Md. Fasahat Hussain, Resident of Village - P.O. - Banauli, P.S. - Bharathi, District - Darbhanga. 3.

Md. Razi Haider Uajala Son of Md. Naseem, Resident of VillageBandhpura, P.S. - Katra, District - Muzaffarpur. 4.

Md. Naseem, Son of Md. Aslam, Resident of Village - Urdu Bazar, P.S. - Laheriya Sarai, District - Darbhanga.

5.

Manjit Kumar Son of Sri Jitendra Kumar Singh, Resident of Mohalla - Khaja Sarai, P.S. - Laheria Sarai, District - Darbhanga. 6.

Binod Prasad Son of Late Mishrilal Prasad, Resident of Village - P.O. -P.S. - Manigachhi, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The Lalit Narayan Mithila University Darbhanga through its Registrar 2.

The Vice- Chancellor of the Lalit Narayan Mithila University, Darbhanga. 3.

The Registrar of the Lalit Narayan Mithila University, Darbhanga. 4.

The Examination Controller of the Lalit Narayan Mithila University, Darbhanga.

5.

The Dean and Head of the Department of Faculty of Commerce of Lalit Narayan Mithila University, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Singh, Advocate Mr. Nawal Kishor Singh, Advocate For the Respondent/s :

Mr. Md. Nadim Seraj, Advocate Mr. Iqbal Asif Niazi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 24-02-2023 The petitioners had been registered as a Research Scholar in the year 2006 to 2011, however, he could not even complete his research work thereafter up to the period of seven

Patna High Court CWJC No.6548 of 2019 dt.24-02-2023 2/3 years from the date of his registration. On 30th of March, 2017 (Annexure-2), the respondent issued a notification asking the erstwhile research scholars, who have completed seven years of period for research, to resubmit application for re-registration. Learned counsel for the petitioners submits that in terms of the notice issued by the Vice-Chancellor dated 30th of March, 2017, the petitioners also applied for re-registration and Ph.D. extension, but the respondents have not granted him extension.

Learned counsel for the respondents submits that the extension was required to be given to the petitioners, but since his Supervisor had died, therefore there was a delay in extension process. The respondents have filed their reply stating therein that the issue with regard to re-registration was placed before the Academic Council on 22nd April, 2018 for its approval. The Academic Council has, however, decided that the Scholars, who have exhausted seven years, cannot be reregistered and the requisite fees deposited by them, should be returned back and in view of the decision of the Academic Council, the petitioners cannot be re-registered. Considering the submissions made by the parties, this Court finds that the petitioners were registered as Ph.D.

Patna High Court CWJC No.6548 of 2019 dt.24-02-2023 3/3 Scholars initially in various years from 2008 to 2011. Admittedly, they were not registered in terms of the University Grants Commission (Minimum Standard and Procedure for award of M. Phil./Ph.D. Degree) Regulations, 2009. The normal period for completing the Ph.D. course was four years, which could be extended up to seven years. The petitioners, however, could not submit their thesis even within the extended period of three years. Thus, even after completion of seven years, the thesis has not been submitted. The Academic Council has taken a decision not to allow such candidates for reregistration. The said decision is an exclusive domain of the Academic Council. This Court would not interfere in the issues of Academics and the best judge to decide the period is the Academic Council of the University.

In view thereof, no interference is warranted. As such, the present writ petition is dismissed. (Sanjeev Prakash Sharma, J) Amrendra/- Item No. 52 AFR/NAFR CAV DATE Uploading Date 25.02.2023 Transmission Date