P.Koteeswaran, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.7269 of 2016 ORDER:

This writ petition is filed seeking following relief:- "......... to issue writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the respondent herein in not awarding the Ph.D to the petitioners by conducting Viva-Voce and other procedures in spite of completion of the research and study under the guide and submission of thesis way back in the years 2011 to 14, without any justifiable reasons as illegal, arbitrary, void abinitio and violative of article 14 & 21 of Constitution of India besides violative of due procedure of law and violative of principles of natural justice and consequently direct the respondent to award Ph.Ds to the petitioners by conducting Viva-Voce within a period of 30 days by following the due procedures contemplated under the rules and to pass such other order/'s as this Hon'ble Court may deem fit and proper in the circumstances of the case."

After notice, the incharge Registrar of the 2nd respondent university filed counter. Paras '6' and '7' of the counter read as under:- "It is humbly submitted that the thesis of the 1st petitioner was received by the DDE section on 27.10.2014 and the soft copy of the same was sent to Research and Development cell (R & D Cell) for antiplagiarism check on 01.03.2016. The thesis got cleared in Anti-plagiarism check and the report was received from the R & D cell on 26.03.2016. The University is taking further steps to process the thesis of the 1st petitioner as per rules.

It is humbly submitted that the 2nd petitioner submitted his thesis on 13.06.2011 and the same was forwarded to the CE section on 17.06.2011 and the soft copy of the thesis was sent to R & D cell on 13.08.2015 for anti-plagiarism check. Anti-plagiarism report was received by CE section on 19.01.2016 and as per the report the thesis of the candidate is eligible for evaluation. A letter was sent to the Chairman, BOS (Board of Studies) for submission of panel of adjudicators on 02.02.2016 and the panel was received by the CE on 22.02.2016. The thesis of the 2nd petitioner will be sent to the adjudicators for evaluation in due course and on receipt of the reports of the adjudicators the viva-voce will be conducted and the University will award the Ph.D. to the petitioner, if he is eligible as per rules."

In view of the stand taken by the 2nd respondent, it is clear that the process of evaluating the eligibility of the petitioners for awarding of Ph.d. is in progress.

In that view of the matter, no further orders, as such, are required in the writ petition except directing the respondents to complete the process as expeditiously as possible and intimate the same to the petitioners. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J Date: 31.03.2016 Prv

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.7269 of 2016 31-03-2016

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