Judgment :- 1. The petitioner is Professor and Head of the Department of Linguistics at the University of Kerala, Trivandrum. The 3rd respondent was a research student under him for the degree of Doctor of Philosophy (Ph.D.). The prayer in the Original Petition is to restrain the University, the 2nd respondent, from conferring the degree upon the 3rd respondent. The Original Petition has now become infructuous as the degree has already been conferred upon the 3rd respondent as evidenced by Exts. P8 and P9 filed along with the reply affidavit. In view of the importance of the questions raised, I am of the view that the relevant provisions of the Kerala University Act, the Statutes and the Ordinance should be briefly discussed before I dispose of the petition. 2. S.5 of the Kerala University Act, 1974, confers various powers upon the University including the power under Clause.3 to bold examinations and to confer degrees and other academic distinctions on persons who have satisfied the requirements laid down thereunder. 3. Clause.8 of Chap.20 of the First Statutes of the Kerala University prescribes the procedural requirements for the conferment of the degree of Doctor of Philosophy. It says: "(i) The Degree of Doctor of Philosophy (Ph. D.) may be awarded as prescribed hereunder: (a) To persons holding the Master's Degree under any Faculty of this University or of another recognised University, on the results of research work extending over a period of not less than three years after passing the examination qualifying them for the Master's Degree under any Faculty as embodied in a thesis relating to subject coming within the purview of the Faculty. (b) (ii) The research shall be under taken under the guidance of a Supervising Teacher in an Institution of this University or of another University or an Institute approved by the Syndicate. (vi) Within six months before the expiry of the prescribed minimum period after Registration or at any other time afterwards, the candidate shall submit to the Registrar, together with the prescribed fee, four copies of the thesis, primed or typewritten, embodying the results of research carried out by him. The candidate shall state, in a preface, the sources from which he has derived information or guidance for his work, the extent to which he has availed himself of the work of others, and the portions of the thesis which he claims as original". The candidate shall state, in a preface, the sources from which he has derived information or guidance for his work, the extent to which he has availed himself of the work of others, and the portions of the thesis which he claims as original". (vii) The thesis shall be accompanied by a declaration signed by the candidate that it has not previously formed the basis for the award of any degree, diploma associate-ship, fellowship or other similar title or recognition The candidate shall also submit a report by the Supervising Teacher certifying that the thesis is a record of bona fide research carried out by the candidate, (viii) In addition to the thesis, the candidate may submit as additional evidence any memoir or work published by him, alone or jointly with others. The thesis shall be valued by a Board of three Examiners appointed for the purpose by the Syndicate. The candidate shall also be required to undergo an oral test on the subject of the thesis.] (ix) The report of the Examiners shall be considered by the Syndicate. If the candidate is adjudged worthy to be awarded the degree, a resolution to that effect shall be passed by the Syndicate, and the candidate shall be admitted to the Degree under the prescribed conditions. (italics supplied) R.5 of Chapter XII of the Kerala University First Ordinances provides: "Supervision: Research students shall work under a recognised supervising teacher, who shall ordinarily be on the staff of the institution in which the student is permitted to work" The above requirements clearly indicate that a student has to work under a Supervisor who shall guide his research. The thesis which the candidate submits for the degree has to be an original piece of research and it should satisfy the standard set for the purpose of conferring a degree. The candidate has to make a declaration as to the authenticity and the original nature of his work. The thesis has to be certified by the supervising teacher as a record of bona fide research carried out by the candidate. A thesis prepared and submitted in accordance with the requirements of the Statutes will be valued by a Board of three examiners appointed for this purpose by the Syndicate. Besides all this, the candidate will have to submit himself to an oral test on the subject of his thesis. A thesis prepared and submitted in accordance with the requirements of the Statutes will be valued by a Board of three examiners appointed for this purpose by the Syndicate. Besides all this, the candidate will have to submit himself to an oral test on the subject of his thesis. The Syndicate will then consider the reports of the Examiners, and if the candidate is adjudged worthy of being awarded the degree, the Syndicate will pass a resolution to that effect, and upon the passing of such resolution the candidate will be admitted to the Degree of Doctor of Philosophy. It is thus clear that one of the basic requirements for obtaining the degree of Doctor of Philosophy is that the candidate should have carried on research under the guidance of a supervisor who is authorised to certify to the merits of his thesis. 4. R.3 of Chapter IX of the First Statutes refers to the powers and duties of the Syndicate. Clause (xxix) of this rule gives the Syndicate the power to dispense with compliance with the laws of the University with reference to various matters This power of dispensation may be exercised by means of resolutions and any such resolution shall be reported to the Senate at its next meeting. I shall now refer to the relevant provisions of this rule. '3. Powers and duties: the Syndicate shall, in addition to the powers and duties conferred and imposed on it by the Act and subject to the provisions thereof, have and exercise the following power and functions: (xxix) subject to the provisions in the laws of the University to dispense with a compliance with the laws of the University with reference to...submission of thesis for Research Degrees, provided that any resolution of the Syndicate passed in reference to such departure from prescribed procedure shall be reported to the Senate at its next meeting." (italics supplied) When this clause is read with a coma after expressions 'subject to the provisions in the laws of the University, it becomes clear that the Syndicate has the power to grant dispensation from the procedural requirements concerning the submission of thesis for research degrees. This power is limited to the procedure relating to submission of thesis and other matters enumerated in clause (xxix) of R.3 of Chapter IX. This power is limited to the procedure relating to submission of thesis and other matters enumerated in clause (xxix) of R.3 of Chapter IX. There is no power to dispense with the submission of the thesis itself or the supervision of a teacher referred to in R.5 of Chapter XII or the requisite standard for acceptance of the thesis or any other matter concerning thesis which may not be directly related to the procedure of its submission. 5. Although this power of dispensation concerning the submission of thesis is limited to the procedure, it is of the highest importance from the point of view of academic standard, which is a matter of the utmost public interest, that such power is very sparingly and cautiously exercised and only when the Syndicate is satisfied that it is necessary to do so for safeguarding academic standard. When dispensing power such as this is conferred upon an authority it is expected that such power will be exercised only in accordance with the well-known norms of constitutional propriety. There is no reason to think that the Syndicate has not done so in the instant case. Ext. P9 resolution is based on the reports of three Examiners of academic eminence. In the peculiar circumstances of this case, I am satisfied that the Syndicate has correctly exercised its power of dispensation. 6. With this observation, the Original Petition is dismissed. No costs. Dismissed.