This Court disposed of a writ petition filed by two part-time research scholars seeking an urgent extension for their PhD programme completion, directing the University to consider their representation after this order.
Directed the University to consider the petitioners' representation for extension of time within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF DECEI\4BER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 32703 OF 2023
Between:
AND
...RESP.NDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, direction, or Order, more particularly one in the nature of Writ of fi/andamus declaring the action of the respondents in not extending of for aperiod of 6months time for completion of Part Time Ph.Dprogramme ofpetitioners hereinin Department Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride affected areas ofNalgonda District (1st Petitioner) and Research in Clinical and Biochemical Studiesamong the
Coal lVline Workers Exposed to Coal Dust (2nd Petitioner) and issuing Proceedings. No.118/DFSclOUl2023, dated 2211112023 directing to submit Ph.D thesis by 30/1 112023 though the petitioner have made representation on 20111/2023 for extension of time for submitting Ph.D thesis is highly illegal and unjustified with a direction to the respondents to extend 6 months time more for completion of Part time Ph.D programme of petitioners herein in Department Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride affected areas of Nalgonda District (1st Petitioner) and Research in Clinical and Biochemical Studies among the Coal t\4ine Workers Exposed to Coal Dust (2nd Petitioner) and award the same to the petitioners herein lA NO: 1OF 2023
Petition under Section'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioners for extension of time for a period of 6 months more for completion of Part time Ph.D programme of petitioners herein in Department Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride affected. areas of Nalgonda District (1st Petitioner) and Research in Clinical and Biochemical Studies among the Coal [t/ine Workers Exposed to Coal Dust (2nd Petitioner) and award the same to the petitioners herein
Counsel for the Petitioner: SRl. M. V. S. SAI KUMAR Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent Nos.2&3: SRI CH. JAGANATHA RAO, SC FOR OSMANIA UNIVERSITY
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.327O3 ol 2O23
ORDER:
Heard Mr M.V.S.Sai Kumar, learned counsel appearing on behalf of petitioners, learned Government Pleader for Higher Education, appearing on behalf of respondent No.1, Mr.Ch.Jaganatha Rao, learned Standing Counsel for Osmania University, appearing on behalf of respondent Nos.2 and 3.
Z. The Petitioners approached the Court seeking
prayer as under:
"to issue an appropriate Writ, direction, or Order, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending of for a period of 6 months time for completion of Part Time Ph.D programme of petitioners herein in Department Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride aFfected areas of Nalgonda District (1" Petitioner) and Research in Clinical and Biochemical Studies among the Coal Mine Workers Exposed to Coal Dust ( 2nd Petitioner) and issuing Proceedings.No.llB/DFSC/OU/ 2023, dated 22-lL-2O23 directing to submit Ph.D thesis by 30-11-2023 though the petitioners have made representation on 20- 112023 for extension of time for submitting ph.D
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thesis is highly illegal and unjustified with a direction to the respondents to extend 6 months time more for compleilon of part time ph.D programme of petitioners herein in Department Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride afFected areas of Nalgonda District ( 1* Petitioner) and Research in Clinical and Biochemical Studies among the Coal Mine Workers Exposed to Coal Dust (2nd petitioner) and award the same to the petitioners herein.,,
3. The soecific case of the oetit toners, an brief. sas
follows:
a) The petitioners have joined in the (part Time) Research Scholar programme in Biochemical and Cytogenetic investigation in Endemic fluoride affected areas of Nalgonda District (1" Petitioner) and Research in Clinical and Biochemical Studies among the Coal Mine Workers Exposed to Coal Dust(2nd Petitioner) on 15.03.2023 and completion of time was prescribed as five years for part-time Scholar. b) The petitioners after joining in to the said programme, had placed their efforts for completion of the said programme, but they could not complete the same. Ihe respondents have extended the time one year For completion of programme on 37.01.2023 and that the petitioners have again placed their efforts for completion of the said programme within time, but
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they could not complete the same due to delay in conducting the course work exam by the respondents and further the chemicals were expired due to delay in making Research programme and due to two years pandemic situation. c) The petitioners further contended that the 3'd respondent herein has issued Proceedings.No.llB/DFSC /OU/2023,dated, 22-ll-2023 directing to submit Ph.D thesis by 30- 11-2023, immediately, the petitioners have made representation on 20.11.2023 to the 2nd and 3'd respondents herein requesting to extend time for completion of Part time Ph. D programme of petitioners in Department of Zoology in Research in Biochemical and Cytogenetic investigation in Endemic fluoride affected areas of Nalgonda District ( 1st Petitioner) and Research in Clinical and Biochemical Studies among the Coal Mine Workers Exposed to Coal Dust (2nd Petitioner) and award the same to the petitioners, but the respondents have not considered the same or passed any orders to that effect. It is submitted that if the time is not extended, the petitioners will be put into hard ship. Hence, thepetitioners filed thepresent Writ petitlon.
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PERUSED THE RECORD
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Petition is disposed of granting liberty to the petitioners to submit a fresh representation again before respondent No.2 specifically mentioning the reasons and seeking extension of time to complete Ph.D Programme, within a period of One (01) week from the date of receipt of the copy of this order and on receipt of such representation/application from the petitioners, the 2nd respondent-University is directed to consider the same, in accordance to law and in accordance to the applicable Regulations and pass appropriate orders within a period of two (O2) weeks thereafter; duly communicating the decision to the petitioners. However, there shall be no order as to costs.
As a sequel Miscellaneous petitions, if any, pending shall
stand closed.
SD/. K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// &/ SECTION"OFFICER
To,
BM GJ
HIGH COURT
DATED:0511212023
ORDER
WP.No.32703 of 2023
STATS
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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2 issues framed by the court
Whether the University is obligated to grant an extension for completion of Part Time Ph.D programme.
Whether the action of not extending time for Ph.D thesis submission is illegal and unjustified.
Colour shows how this judgement treated each authority
Unknown Case NameReferred¶44
W.P.No.34986 of 2022, dated 08.09.2022
1 provisions across 1 enactments
Chiraboina Laxmaiah
K.Ratnam
The State of Telangana
Osmania University
The Dean, Faculty of Sciences, Osmania University
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
