Dr.Dilip Kumar Jha v. The Vice Chancellor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dilip Kumar Jha ... Petitioner Vs.

1.The Vice Chancellor, Bharathidasan University, Tiruchirappalli - 620 024.

2.The Registrar, Bharathidasan University, Tiruchirappalli - 620 024.

3.The Head, Department of Environmental Science and Management, Bharathidasan University, Tiruchirappalli - 620 024.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the representation of petitioner dated 25.5.2019 to rectify and describe correctly as Faculty of Science instead of Faculty of Management incorrectly described in Certificate of Degree of Doctor of Philosophy dated 23.12.2014 to the petitioner.

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For Petitioner : Mr.L.Shaji Chellan For Respondents : Mr.V.R.Shanmuganathan, Standing Counsel.

ORDER

Heard the learned counsel for the writ petitioner and the learned standing counsel for Bharathidasan University.

2.The only question that arises for consideration is whether doctoral degree awarded to the writ petitioner should have been in the name of the faculty of management of Bharathidasan University or faculty of science. According to the petitioner, it should be faculty of science. 3.When the issue arose, the matter was referred to one man committee. In paragraph No.4 of the counter affidavit filed by the respondent, the decision of the one man committee has been extracted in the following terms:- "I submit that the writ petitioner has been awarded Ph.D., degree in Environmental Management in 2014 under the faculty of Management by the respondent University. It is further submitted that the petitioner herein made a request on 24.09.2018, to change his Ph.D., degree from "Faculty of 2/6

Management" to "Faculty of Science". It is submitted that in order to analyze the request, this respondent University appointed an expert committee and the said committee submitted its report on 29.11.2018. The decision of the said committee is as follows:- "The candidate Dr.Dilip Kumar Jha had been awarded Ph.D., in Environmental Management for research work entitled "Comparative environmental evaluation of water quality in coastal bays of Andaman Islands using spatial approaches". The research carried out by the candidate is related to environmental sciences. "However by virtue of syndicate decision vide Resolution No.2012.227 that once thesis is submitted, the subject/discipline of the thesis be not changed at any cost, the request of the petitioner cannot be acceded." 4.

The Syndicate however did not accept the said decision and stuck to the earlier stand. The writ petitioner admittedly is possessing B.Sc., Zoology degree, M.Sc., Zoology degree and M.Phil., Zoology degree. The subject for his doctoral research had already been mentioned. It is obvious that the subject only relates to science and not management. The Syndicate ought to have accepted the decision of the one man committee appointed by the respondent University themselves.

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5.The writ petition is allowed and the second respondent is directed to issue a certificate of degree of Doctor of Philosophy in the name of faculty of science. This will be issued within a period of five weeks from the date of receipt of a copy of this order. No costs.

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G.R.SWAMINATHAN, J.

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