SCA/1925/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1925 of 2008 For Approval and Signature: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= DILIP C SHAH - Petitioner(s) Versus VEER NARMAD SOUTH GUJARAT UNIVERSITY - Respondent(s) ================================================= Appearance : MR UTPAL M PANCHAL for Petitioner(s) : 1, MR DC DAVE for Respondent(s) : 1, ================================================= CORAM : HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH and HONOURABLE MR.JUSTICE D.H.WAGHELA Date : 18/07/2008 ORAL JUDGMENT (Per : HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH) Rule. Mr DC Dave, learned counsel waives service of Rule for respondent No.1. In the facts and circumstances of the case, the petition is taken up for final disposal today. SCA/1925/2008 2/3 JUDGMENT 2. This petition under Article 226 of the Constitution involves the question of interpretation of the following rule of the South Gujarat University which deals with registration of students for Ph.D. Degrees :- “(5) Notwithstanding anything contained above, a candidate who has obtained M.Phil. Degree under any faculty of this University may be permitted to register him / her self for the Ph.D. Degree in the subject and be permitted to submit his / her thesis after keeping two terms under the guidance of a recognized Supervising Teacher.” 3. The petitioner herein obtained M.Phil. Degree in Mathematics and thereafter applied for registration for Ph.D. Degree. The respondent – University granted Ph.D. registration to the petitioner on 6.9.2001. The petitioner, however, did not submit his thesis for Ph.D. Degree within two terms and on his failure to submit the thesis within four terms, the registration was cancelled. The petitioner again applied for fresh registration with a request that he may be permitted to submit his thesis after keeping two terms under the guidance of a recognized Supervising Teacher. While the respondent – University is ready and willing to grant the petitioner registration for Ph.D. Degree, the respondent – University is not ready to permit the petitioner to submit his thesis after keeping two terms. The stand of the respondent – University is that the benefit of the above sub-rule (5) can be availed of only once and that if the Ph.D. registration once granted is cancelled for whatever reason, at the time of second registration, the student can submit the thesis only after keeping four terms. 4. Having heard Mr Utpal Panchal for the petitioner and Mr Dhaval Dave for the respondent – University, we do not find anything in the above provision to indicate that the permission to submit thesis after keeping two terms can be denied at the time of second registration for Ph.D. Degree. According to the respondent – SCA/1925/2008 3/3 JUDGMENT University itself, the rule is required to be amended so that the benefit of keeping two terms before submitting the Ph.D. thesis may not be made available at the time of second registration. This itself indicates that the rule as it stands today, supports the view canvassed by the petitioner. 5. In the result, the petition is allowed. The respondent is directed to consider the petitioner's case for registration for Ph.D. Degree with permission to submit his thesis after keeping two terms under the guidance of a recognized Supervising Teacher. Rule is made absolute. Direct service is permitted. (M.S. SHAH, Actg. C.J.) (D.H. WAGHELA, J.) zgs/-