Quashed

Anish I v. Mahatma Gandhi University

Kerala HC10 Dec 2018WP(C)/21426/2018

Case brief

AI extract

What is this about?

The High Court of Kerala cancelled the impugned order cancelling the petitioner's Ph.D registration. The court held that since no misconduct was proved regarding the petitioner's status as a scholar, his registration could not be cancelled and he is permitted to continue. No specific statutes or prior cases were cited.

What did the court decide?

The impugned order cancelling Ph.D registration was set aside; petitioner permitted to continue as Ph.D scholar.

Anish I Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

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WP(C).No. 21426 of 2018

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PETITIONER:

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ANISH I ASHIK MAHAL, KANNANALLOOR P.O.,KOLLAM.

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BY ADV. SRI.V.K.SUNIL

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RESPONDENTS:

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1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR,PRIYADARSINI HILLS, ATHIRAMPUZHA,KOTTAYAM 686 560.

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2 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM 686 560.

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3 THE HEAD OF THE RESEARCH CENTRE, SCHOOL OF SOCIAL SCIENCES, MAHATMA GANDHI UNIVERSITY,PULLARIKKUNNU, KOTTAYAM -686 041.

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BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21426 of 2018

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..2..

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JUDGMENT

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Petitioner is a Ph.D scholar, at the same time he was working as a contract Lecturer in a self financing College under the Mahathma Gandhi University. Petitioner was engaged for preparation of the question paper for P.S.C. Some irregularities has been observed in setting the question paper by the petitioner for the P.S.C. It appears that an action was initiated against him. Consequently, the petitioner's registration for Ph.D was cancelled. This decision of the University is under challenge in this Writ Petition.

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In the statement filed by the

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University at Paras 4 and 5, it is stated as follows:

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WP(C).No. 21426 of 2018

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..3..

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“4. As per Annexure I, it was stated that he was terminated from his service as a Lecturer in Department of Library and Information Science. A copy of memo No.11647(2)/SF1/D.L.I.S., service on the ground of misconduct in preparing question paper for P.S.C. Was served on him. A true copy of memo No.1164(2)/SF1/D.L.I.S. is produced herein as Annexure III.

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5. On the basis of above findings, the Hon'ble Vice-Chancellor cancelled the Ph.D registration of the petitioner, for his misconduct, vide Exhibit P6 order dated 23.04.2018. As per the Clause 28 of the Revised Regulations and Award of Degree of Doctor of Philosophy 2010/2012, the Vice-Chancellor is empowered to cancel the registration of any research student for unsatisfactory progress or misconduct.”

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The registration of the Ph.D as a

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scholar has nothing to do with his conduct in relation to the settling question papers for P.S.C. No misconduct is proved as a scholar. In such a situation the University could not have cancelled the registration of the Ph.D. Therefore, the impugned order is set aside.

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WP(C).No. 21426 of 2018

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..4..

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The petitioner shall be permitted to continue as a Ph.D scholar in accordance with the

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Registration Rules.

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The Writ Petition (Civil) is disposed of accordingly.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/10.12.2018

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WP(C).No. 21426 of 2018

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..5..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE U.O.NO.6151/AX/2/2014/ACADEMIC DATED 5.12.2014 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE LETTER NO. 135/16/CE DATED 16.8.2016 ISSUED TO THE PETITIONER BY THE K.P.S.C.

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EXHIBIT P3 TRUE COPY OF THE U.O. NO.2130/AX/2/2017 DATED 12.04.2017 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE HALF YEARLY PROGRESS REPORT OF THE PETITIONER DATED 24.8.2017

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EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 25.09.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE U.O.NO.3708/2018/AX/3/ACADEMIC DATED 23.04.2018 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE REVISED REGULATIONS FOR PH.D REGISTRATION AND AWARD OF DEGREE OF DOCTOR OF PHILOSOPHY, 2010/2012 OF THE 1ST RESPONDENT UNIVERSITY.

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EXHIBIT P8 TRUE COPY OF THE COURSE WORK COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

Anish I v. Mahatma Gandhi University

Case brief

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Anish I v. Mahatma Gandhi University

Case brief

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