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Rajasthan High Court · body

2018 DIGILAW 1108 (RAJ)

Sajjan Kumar v. State of Rajasthan

2018-04-30

DINESH CHANDRA SOMANI, M.N.BHANDARI

body2018
ORDER : M.N. Bhandari, J. By this writ petition, a challenge is made to the amendment in Ordinance 123-V (8) of the University of Rajasthan on the ground that it is not in conformity to the Regulation of University Grants Commission, notified on 05.05.2016. 2. The petitioner appeared in the entrance test of M.Phil. Before appearance in the first paper, he preferred this writ petition to challenge the Ordinance 123-V (8) requiring minimum 50% marks in the first paper of entrance test so as to evaluate marks of second paper. Petitioner apprehended less than 50% marks in first paper, preferred this writ petition in reference to the Notification dated 05.05.2016. 3. It is submitted that the Ordinance 123-V (8), as amended, is at variance to the UGC Regulation. The UGC provided requirement of 50% marks in the entrance test but not in both the papers. The university could have provided requirement of 50% marks in both the papers i.e. first and second paper. The prayer is accordingly to hold Ordinance 123-V (8) to be unconstitutional being contrary to the UGC guidelines. 4. We have considered submission of learned counsel for the appellant and perused the record. 5. The challenge to the Ordinance 123-V (8) of the University of Rajasthan, has been made in reference to the UGC Regulation notified on 05.05.2016. Regulation 5 of it, has been referred thus quoted hereunder for ready reference:- 5. Procedure of admission:- 5.1 All Universities and Institutions Deemed to be Universities shall admit M. Phil/Ph.D. students through an Entrance Test conducted at the level of Individual/Institution Deemed to be a University. The University/Institution Deemed to be a University may decide separate terms and conditions for Ph.D. Entrance Test for those students who qualify UGCNET (including JRF)/UGC-CSIR NET (including JRF/SLET/GATE/teacher fellowship holder or have passed M. Phil programme. Similar approach may be adopted in respect of Entrance Test for M. Phil programme. 5.2 Higher Educational Institution (HEIs) referred to in sub-clause 1.2 above and Colleges under them which are allowed to conduct M. Phil. Similar approach may be adopted in respect of Entrance Test for M. Phil programme. 5.2 Higher Educational Institution (HEIs) referred to in sub-clause 1.2 above and Colleges under them which are allowed to conduct M. Phil. and/or Ph.D. programmes, shall: 5.2.1 Decide on an annual basis through their academic bodies a predetermined and manageable number of M.Phil and/or Ph.D. scholars to be admitted depending on the number of available, keeping in mind the norms regarding the scholar teacher ratio (as indicated in Para 6.5), laboratory, library and such other facilities; 5.2.2 Notify well in advance in the institutional website and through advertisement in at least two (2) national newspaper, of which at least one (1) shall be in the regional language, the number of seats for admission, subject/discipline-wise distribution of available seats, criteria for admission, procedure for admission, examination centres where entrance tests shall be conducted and all other relevant information for the benefit of the candidates; 5.2.3 Adhere to the National/State-level reservation policy, as applicable. 5.3 The admission shall be based on the criteria notified by the Institution, keeping in view the guidelines/norms in this regard issued by the UGC and other statutory bodies concerned, and taking into account the reservation policy of the Certral/State Government from time to time. 5.4 HEIs as mentioned in Clause 1.2 shall admit candidates by a two stage process through: 5.4.1 An Entrance Test shall be qualifying with qualifying marks as 50%. The syllabus of the Entrance Test shall consist of 50% of research methodology and 50% shall be subject specific. The Entrance Test shall be conducted at the Centres notified in advance (change of Centres, if any, also to be notified well in advance) at the level of the individual HEI as mentioned in clause 1.2; and 5.4.2 An interview/viva-voce to be organized by the HEI as mentioned in clause 1.2 when the candidates are required to discuss their research interest/area through a presentation before a duly constituted Department Research Committee. 5.5 The interview/viva voce shall also consider the following aspects, viz. Whether: 5.5.1 The candidate possesses the competence for the proposed research; 5.5.2 The research work can be suitably undertaken at the Institution/College; 5.5.3 The proposed area of research can contribute to new/additional knowledge. 5.6 The University shall maintain the list of all the M.Phil/Ph.D. registered students on its website on year-wise basis. Whether: 5.5.1 The candidate possesses the competence for the proposed research; 5.5.2 The research work can be suitably undertaken at the Institution/College; 5.5.3 The proposed area of research can contribute to new/additional knowledge. 5.6 The University shall maintain the list of all the M.Phil/Ph.D. registered students on its website on year-wise basis. The list shall include the name of the registered candidate, topic of his/her research, name of his/her supervisor/co-supervisor, date of enrolment/registration. 6. The Regulation 5 provides procedure for admission. As per Regulation 5.1 all the universities and institutions to admit students to M.Phil/Ph.D. through an entrance test conducted at the level of individual/institutions deemed to be a university. The university/institutions deemed to be a university is given liberty to decide separate terms and conditions for Ph.D. entrance test for those who has qualified UGC-NET or passed M. Phil programme. 7. Regulation 5.4 is relevant and provides that HEIs, as mentioned in Clause 1.2 shall admit candidates by two stage process of entrance test and, accordingly, the University of Rajasthan provided two stages for entrance test i.e. paper first and paper second. The qualifying marks as per Regulation 5.4.1 is 50%. It does not provide that 50% marks should be in aggregate. The reference of 50% marks is out of research methodology and 50% marks in the subject, accordingly, no bar exist to restrain the university/institution deemed to be university, not to provide for minimum 50% marks in each paper when the regulation itself talks about two stages of the examination requiring 50% marks. The university imposed condition to obtain 50% marks in each paper. It cannot be said to be de horse the UGC Regulation. 8. In view of the above, we find no merit to challenge the Ordinance 123-V (8) as amended. The writ petition is accordingly dismissed.