Allowed

Ann Kavitha Mathew v. State of Kerala

Kerala HC4 Sept 2018WP(C)/8428/2015

Case brief

AI extract

What is this about?

A PhD scholar challenged her degree title as allegedly misclassified. The Vice Chancellor allowed a change to 'Public Health', but the Syndicate cancelled this, necessitating a co-guide in that subject. The singleJudge held that neither the Vice Chancellor nor the Syndicate were experts and set aside the impugned orders, directing the Vice Chancellor to refer the work to an expert body for a prope

What did the court decide?

Impugned orders set aside; Vice Chancellor directed to refer PhD work to an expert body to assign proper discipline title within three months.

Ann Kavitha Mathew Vs State of Kerala — 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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TUESDAY, THE 04TH DAY OF SEPTEMBER 2018 / 13TH BHADRA, 1940

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WP(C).No.8428 of 2015

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PETITIONER/S:

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SMT.ANN KAVITHA MATHEW, AGED 44 YEARS, W/O.JOSEPH PETER, R/A.KAYYALAKAM, VEROOR (P0), CHANGANASSERRY686104

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENT/S:

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1 STATE OF KERALA, EDUCATION DEPARTMENT, REP. BY ITS SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM.

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2 MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADRSINI HILLS P O, ATHIRAMPUZHA,KOTTAYAM-686560.

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3 MAHATMA GANDHI UNIVERSITY, REP. BY ITS VICE CHANCELLOR, PRIYADRSINI HILLS P O, ATHIRAMPUZHA, KOTTAYAM-686560.

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4 SCHOOL OF GANDHIAN THOUGHT AND DEVELOPMENT STUDIES, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P O, ATHIRAMPUZHA, KOTTAYAM-686560.

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BY SRI.VARUGHESE M.EASO SC M.G.UNIVERSITY BY GOVERNMENT PLEADER, SRI.DILIP S BY SRI.ASHOK M.CHERIAN, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8428 of 2015 2

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JUDGMENT

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The dispute in this writ petition is very interesting. The

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petitioner, a Ph.D. Scholar, registered with Mahatma Gandhi University. The petitioner gave periodic report as Social Science (Social Medicine and Community Health). The petitioner’s case is that her subject is not Gandhian Studies. The Ph.D. was awarded to the petitioner as Gandhian Studies(Social Medicine and Community Health)/Social Science. The petitioner, thereafter, approached the Vice Chancellor to correct the title of her Ph.D. as Social Science (Public Health). By Ext.P14, the Vice Chancellor allowed the petitioner’s request to change the discipline as Social Science (Public Health) instead of Gandhian Studies. The University Syndicate cancelled the decision of the Vice Chancellor. The stand of the syndicate is that the petitioner could not have undertaken research in Public Health without there being a co-guide in the subject. The guide, who supervised the Ph.D. was a teacher in the Social Science

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WP(C).No.8428 of 2015 3

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Department. The question, that falls for consideration, what is

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the correct title to be assigned to the petitioner's Ph.D. work.

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Neither the Vice Chancellor nor the Syndicate Members are the experts in the matter. Both authorities committed serious error in considering the request of the petitioner. The matter ought to have placed before an expert body, who could have appraised about the nature of research undertaken by them. Therefore, the impugned orders are set aside. The Vice Chancellor shall refer the Ph.D. work of the petitioner to an expert body, chosen by him, to assign the proper title to the discipline on which the petitioner has completed the research work. Needful shall be done within a period of three months.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.8428 of 2015 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	PHOTO COPY OF THE NO OBJECTION CERTIFICATE NO.6415/02/2/SME/SF I, DTD. 5/2/2009 ISSUED TO THE PETITIONER
EXHIBIT P2	PHOTO COPY OF THE ORDER NO. 2624/AII/2009/ACADEMIC, DTD. 20/6/2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3	PHOTO COPY OF THE JOINING REPORT OF THE PETITIONER DTD. 24TH JUNE, 2009.
EXHIBIT P4	PHOTO COPY OF THE REPORTS RELATED TO THE PETITIONER FROM JUNE 2009 TO JUNE 2013.
EXHIBIT P5	PHOTO COPY OF THE FORWARDING LETTER OF THE RESEARCH GUIDE DTD. 5/9/2013 ALONG WITH SYNOPSIS.
EXHIBIT P6	PHOTO COPY OF THE APPLICATION DTD. 2/9/2013 FOR THE ADJUDICATION OF PHD. THESIS.
EXHIBIT P7	PHOTO COPY OF THE APPLICATION DTD. 11/10/2013 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P8	PHOTO COPY OF THE LETTER DTD. 15/11/2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P9	PHOTO COPY OF THE REMINDER LETTER DTD 15/11/2014 BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10	PHOTO COPY OF THE RECEIPT NO EB X(3)PH.D/25/2013 DTD 1/12/2013 DTD. 2/12/2013.
EXHIBIT P11	PHOTO COPY OF THE REMINDER LETTER DTD. 20/12/2013 BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P12	PHOTO COPY OF THE ORDER NO. 448/2014/AX/2/ACADEMIC DTD. 23/1/2014 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P13	PHOTO COPY OF THE LETTER NO.EB X(3)/PH.D/24/2013, DTD. 10/6/2014 ISSUED TO THE PETITIONER.

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WP(C).No.8428 of 2015 5

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EXHIBIT	P14 PHOTO COPY OF THE EBX/PH.D/203/2014	RELEVANT PAGES OF THE ORDER NO. DTD. 23/7/2014.
EXHIBIT	P15 PHOTO COPY OF THE PETITIONER TO THE	REPRESENTATION SUBMITTED BY THE 2ND RESPONDENT DTD. 1/8/2014.
EXHIBIT	P15 A PHOTOCOPY OF THE R SUBMITTED BY THE P EXAMINATIONS, MAHA KOTTAYAM.	EPRESENTATION DATED 7/8/2014 ETITIONER TO THE CONTROLLER OF TMA GANDHI UNIVERSITY,
EXHIBIT	P16 PHOTO COPY OF THE SYNDICATE MEETING	RELEVANT EXTRACT OF THE HELD ON 19/7/2014.
EXHIBIT	P17 PHOTO COPY OF THE PETITIONER TO THE	REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT DATED 4/12/2014.
EXHIBIT	P18 PHOTO COPY OF THE DECISION TAKEN BY	RELEVANT EXTRACT OF THE THE SYNDICATE.
EXHIBIT	P19 PHOTO COPY OF THE PETITIONER TO THE	REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT DATED 20/1/2015.
EXHIBIT	P20 PHOTO COPY OF THE NO.1089/AX/2/2015/ ISSUED BY THE 2ND	ORDER ACADEMIC, DATED 27/2/2015 RESPONDENT.
EXHIBIT	P21 PHOTO COPY OF THE TAKEN OUT FROM THE	FIRST PAGE OF THE DOCUMENT WEBSITE IN THE CASE OF THE
	PETITIONER AND OTH	ER SIMILARLY PLACED CANDIDATES.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

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Ann Kavitha Mathew v. State of Kerala

Case brief

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Ann Kavitha Mathew v. State of Kerala

Case brief

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