A.R.Manickam v. University Grants Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31347 of 2019 A.R.Manickam ...Petitioner vs.

1.University Grants Commission, Rep. by its Secretary, Bahadurshah Zafar Marg, New Delhi - 110 002.

2.The Registrar, Academy of Maritime Education and Training University, (AMET UNIVERSITY) No.135, East Coast Road, Kanathur - 603 112, Chennai. ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of a Writ of Mandamus, to direct the second respondent to dispose of the petitioner's representation dated 21.03.2019 within a stipulated time. For Petitioner : Mr.R.Sagadevan For Respondent : Mr.Balan Haridoss for R2

ORDER

The Writ Petition has been filed by the petitioner seeking direction to direct the second respondent to dispose of the petitioner's representation dated 21.03.2019 within a stipulated time.

2.The case of the petitioner is that the petitioner joined Ph.D course in the AMET University and started its Research Work in the year 2012. At that time, the petitioner was working as an Associate Professor in the same AMET University in Naval Architecture Department. The petitioner submitted thesis to the respondents, the same was not approved till date. However, the petitioner made representation dated 21.03.2019, till date the representation was not considered. Hence, the present Writ Petition has been filed before this Court.

3.The learned counsel appearing for the petitioner would submit that it would suffice if this Court issues direction to the second respondent to consider the representation dated 21.03.2019 submitted by the petitioner and to dispose of the same within a reasonable time as fixed by this Court. 4.The learned counsel appearing for the second respondent would submit that the Registrar has no power, the competent examiners who associated with the university will decide the thesis submitted by the petitioner. Further, he refered para 8 of the counter affidavit, is extracted hereunder: "8.It is submitted that the usual period to complete Ph.D., range from four to seven years. Therefore there is no delay on the part of the 2nd Respondent University.

The petitioner cannot pressurize the Examiners to rush through his work. The thesis if approved and on conferring Ph.D., Degree, the same will have to be uploaded in "SHODHGANGA", a portal created by Ministry of Human Resources and Development. While so, Ph.D., cannot be granted to the petitioner to his request. Once his thesis is approved, then the same will be displayed in the above portal. The 2nd Respondent University has got nothing against the Petitioner and the process of consideration of his thesis is being done by the examiners. To the representation of the Petitioner, the Registrar of the University cannot do anything and only the Examiners will decided on the thesis and take decision with regard to award Ph.D., Degree. Hence the prayer in the writ petition to consider the representation of the petitioner is not maintainable."

5.Considering the facts and circumstances, the petitioner joined Ph.D course in the AMET University and started its Research Work in the year 2012. The petitioner submitted thesis to the respondents, the same was not approved till date. Considering the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to direct the second respondent to consider the petitioner representation dated 21.03.2019 and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

6.With the observation and direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To 1.The Secretary, University Grants Commission, Bahadurshah Zafar Marg, New Delhi - 110 002.

2.The Registrar, Academy of Maritime Education and Training University, (AMET UNIVERSITY) No.135, East Coast Road, Kanathur - 603 112, Chennai.

+1cc to Mr.Balan Haridas, Advocate Sr.96865 +1cc to Mr.R.Sagadevan, Advocate Sr.97117 W.P.No.31347 of 2019 vd[co] srg 27/12/2019