S. Sudalai Kannu, v. The Govt. Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 S.Sudalai Kannu ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by the Principal Secretary, Department of Higher Education, Secretariat, St. George Fort, Chennai-9.

2.The Chairman, University Grant's Commission (UGC), New Delhi.

3.Manonmaniam Sundaranar University, Represented by the Registrar, Abishekapatti, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring the Regulation of Respondent No.3 in 1.1.4 providing for registration and awarding of Ph.D. degree of Doctor of Philosophy through Distance 1/4

Education Mode course as illegal and consequently forbearing the respondents from awarding Ph.D. degrees to the candidates admitted under distance mode-R/N/G - (Regional - National - Global Category) Part-Time-C-Category.

For Petitioner : M/s.T.Lajapathi Roy For R-1 : M/s.S.Kameswaran Government Advocate For R-2 : No appearance For R-3 : M/s.Jasima Yasmin for M/s.Ajmal Associates

ORDER

The present Writ Petition has been filed challenging the regulations of the third respondent University for offering Ph.D.

2. According to the learned Counsel for the petitioner, regulation 1.1.4 of the year 2009 permits offering Ph.D. course through distance education. However, the learned Counsel appearing for the third respondent points out that it is not offering Ph.D. through distance education. If any candidate, is residing outside the jurisdiction of the University, he should select a guide within his jurisdiction and another 2/4

co-guide within the jurisdiction of the third respondent University. This cannot be treated as a distance education. That apart, the regulation is of the year 2009 and it is for a limited period between 2009 and 2013.

3. In view of the submissions made by the learned Counsel appearing for the third respondent, I do not find any illegality or infirmity in the regulations of the third respondent University.

4. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

31.10.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Principal Secretary, The Government of Tamil Nadu, Department of Higher Education, Secretariat, St. George Fort, Chennai-9.

3/4

R.

VIJAYAKUMAR , J.

btr 2.The Chairman, University Grant's Commission (UGC), New Delhi.

3.The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli District.

Order made in 31.10.2022 4/4