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Madras High CourtWP/22371/2017disposed of

B.Gokulnathan v. University Grants Commission

2017-09-04Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.22371 of 2017 B.Gokulnathan S/o.A.Boopathi ..Petitioner Vs.

1.University Grants Commission (UGC) Rep. by its Secretary Bahadur Shah Zafar Marg, New Delhi - 110 002.

2.Periyar University Rep. by its Registrar Periyar Palkalai Nagar Salem - 636 011.

..Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents herein to forthwith consider and pass orders on the representation of the petitioner dated 05.08.2017 to consider the request for granting Moratorium period of 3 years for implementing Regulation 6.5 of UGC (Minimum Standards and Procedure for Award of M.Phil/Ph.D Degree) Regulation, 2016 in the light of ground realities especially in the light of the fact that number of Professors (including Associate and Assistant Professors) available in our country is far less when compared to the multitude of students similarly placed like the petitioner who are aspiring to join M.Phil programmes. For Petitioner : Mr.Kandhan Duraisami For Respondents : Mr.P.R.Gopinathan Standing counsel for R1 Mr.P.Godson Swaminathan Standing counsel for R2

O R D E R

The petitioner seeks for the following relief:- To direct the respondents herein to forthwith consider and pass orders on the representation of the petitioner dated 05.08.2017 to consider the request for granting Moratorium period of 3 years for implementing Regulation 6.5 of UGC (Minimum Standards and Procedure for Award of M.Phil/Ph.D Degree) Regulation, 2016 in the light of ground realities especially in the light of the fact that number of Professors (including Associate and Assistant Professors) available in our country is far less when compared to the multitude of students similarly placed like the petitioner who are aspiring to join M.Phil programmes.

2. Heard the learned counsel appearing for the petitioner and the learned standing counsels appearing for the respondents.

3. Upon hearing both sides, it appears that the petitioner has already made a representation on 05.08.2017 before the first respondent, seeking for the very same relief and the said representation is still pending consideration. Therefore, it is for the first respondent to consider the said representation and pass orders on the same on merits and in accordance with law, as this Court, at this stage, is not expressing any view on the claim made by the petitioner.

4. Accordingly, this writ petition is disposed of, by directing the first respondent to consider the said representation of the petitioner dated 05.08.2017 and pass orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mk To 1.The Secretary University Grants Commission (UGC) Bahadur Shah Zafar Marg, New Delhi - 110 002.

2.The Registrar Periyar University Periyar Palkalai Nagar Salem - 636 011.

+2 CC to Mr. Muthumani Doraisamy, Advocate sr 63524 +1 Ccs to Issac Chambers, sr 63529.

W.P. No.22371 of 2017 SP(05/09/2017)