Petitioner-respondent in a PhD program sought directions to allocate alternate guides and release fellowship dues. The Single Judge held mandamus could not be issued as there was no statutory provision for the sought relief.
Writ petition dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2023
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.4054 of 2018
Karanam Hemanth Kumar ... Petitioner
Vs.
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PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing respondents 1,3,4,5,7,8,9 respondents institute / university to allocate alternate guides for the petitioner to complete his PhD program with material/data already collected by petitioner thereby directing 1,3,4,5,7,8,9 respondents to grant petitioner all facilities/support for completion of his Phd, consequentially direct the respondents to pay arrears of Fellowship and contingency eligible to petitioner for the period from 2014 an amount of Rs.6,08,000/-.
For Petitioner : M/s.K.Aparna Devi For R1 : M/s.P.R.Gopinathan For R2 : M/s.D.Umadevi For R3,4 & 5 : Mr.A.Saravanan For R6 to R9 : Mr.T.Ravikumar
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ORDER
This writ petition is filed seeking for issuance of a writ of mandamus to direct the respondents 1,3,4,5,7,8 and 9 institute / university to allocate alternate guides for the petitioner to complete his PhD program with material/data already collected by petitioner thereby directing 1,3,4,5,7,8,9 respondents to grant petitioner all facilities/support for completion of his Phd, consequentially direct the respondents to pay arrears of Fellowship and contingency eligible to the petitioner for the period from the year 2014, an amount of Rs.6,08,000/-.
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effect from 17.02.2014. As a part of his PhD programme, the petitioner worked for three years at CSIR-NAL, Bangalore and during this period as per the norms of CSIR/UGC, he was upgraded as senior research fellow on 29.11.2014 and as a part of the PhD program, he completed a comprehensive viva on 26.11.2015. Despite the poor financial background, the petitioner was threatened to complete the research work and his guides ie., respondents 2 and 6 have forced the petitioner to spend his eligible stipend on the activities which is not related to the research. Thereafter, the petitioner was compelled to resign from his research and fellowship by both the guides and was also pressurized by them to write an apology letter that they have not forced him in any manner. Though the authorities of VIT University credited the fees paid by the petitioner, however, his fellowship and contingency dues were pending from the year 2014. While so, the petitioner has presented his issue before the UGC, to permit the petitioner to complete his PhD and to direct the authorities of VIT University to pay the arrears of Fellowship and contingency dues from the year 2014. Though the UGC asked the authorities of VIT University, Vellore and CSIR-NAL, Bangalore to help the petitioner to complete his PhD programme, the authorities of VIT University, Vellore have not extended further support for
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the completion of PhD programme till date. Hence the present writ petition.
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present writ petition seeking the relief stated supra is not sustainable.
dismissed. No costs.
06.03.2023
RAP
Index : Yes/No Speaking order / Non speaking order : Yes/No NCC : Yes / No
To
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M.DHANDAPANI,J.
RAP
W.P.No.4054 of 2018
06.03.2023
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3 issues framed by the court
Whether the Court can issue a writ of mandamus directing the respondents to allocate alternate guides for the petitioner to complete his PhD program.
Whether the Court can direct the respondents to pay arrears of Fellowship and contingency dues eligible to the petitioner for the period from 2014.
Whether mandamus can be issued despite the absence of a specific statutory provision for the sought relief.
Karanam Hemanth Kumar
University Grants Commission
Prof. Padma Thiagarajan
The Dean, School of Biosciences and technology (SBST), VIT University
The Dean, Academic Research, VIT University
The Vice Chancellor, VIT University
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
