IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.09.2011 CORAM: THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.NO.18094 OF 2011 AND M.P.NO.1 OF 2011 M.Muthamizhan ... Petitioner Versus 1.The Director Anna University of Technology C.P.T.Campus, Tharamani Chennai – 600 113. 2.The Registrar Sathyabama University Jappiar Nagar, Chennai – 600 119. 3.All India Council of Technical Education (AICTE) New Delhi. ... Respondents (R3 - Suo motu impleaded as per order dated 12.09.2011 in W.P.No.18094/2011) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of certiorarified mandamus, calling for the concerned records relating to Letter No.16115/AUTC/Eligibility-Order/4th EC/Q1/60/2010 dated 18.07.2011 passed by the first respondent and quash the same and consequently direct the first respondent to admit the petitioner to the Ph.D.Programme in the Faculty of Information and Communication Engineering July 2011 Session conducted by the Anna University of Technology Chennai. For Petitioner : Mr.M.Gnanasekar For Respondent-1 : Mr.G.M.Manisundragopal For Respondent-2 : Mr.R.Natarajan For Respondent-3 : M/s.AL.Gandhimathi O R D E R The prayer in the writ petition is to quash the order dated 18.07.2011, declining admission to the petitioner to Ph.D.Programme in the Faculty of Information and Communication Engineering July 2011 Session conducted by the Anna University of Technology, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner submitted that during the pendency of the writ petition, the University has decided to give admission to the petitioner and prayed for withdrawing the writ petition. This Court by a detailed order dated 18.08.2011, declined such permission stating that the matter is concerned with the eligibility for admission to Ph.D. Programme, the candidate passing P.G.Degree obtained from Deemed Universities conducted through week-end mode and the first respondent was directed to file a counter affidavit. 3.The AICTE was subsequently impleaded as a party respondent. The AICTE has filed a counter affidavit stating that with regard to the qualification for admission to Ph.D. Programme, the AICTE has not prescribed any qualification and it is for the concerned University to fix the qualification and to decide the question of eligibility with regard to admission to Ph.D. Programmes. 4.The first respondent/Anna University has filed a counter affidavit stating that the Vice Chancellor of the University vide Proceedings dated 11.11.2010 has constituted a Committee for deciding the equivalence of Degrees obtained from other Universities for the purpose of admission to Ph.D. Programme of Anna University. The Equivalence Committee of Anna University of Technology Chennai in its 1st Four meetings had decided that the week-end mode of study is not recognised for admission to Ph.D. Degree Programme of AUTC, as the number of hours of study in week- end mode of study programmes does not meet the minimum requirements of hours of study as per the Regulations of Anna University of Technology Chennai. As per Regulations of AUTC for PG programmes, each Semester shall normally consist of 90 working days or 350 periods of each 50 minutes duration for full time mode of study (400 periods of MBA) or 200 periods for part-time mode of study. Whereas the classes in week-end mode of study are conducted on Saturdays and Sundays only which cannot meet the aforesaid requirement in a two year period of study. The credit hours of week-end mode of study do not match the credit hour requirements per week warranted for each subject as per AUTC Regulations. The following conditions are not applied for P.G. Programmes in week- end mode of study: • One Credit for each lecture period allotted per week. • One credit for each tutorial period allotted per week. • One credit for each seminar/practical session of two periods designed per week. • Four weeks of practical training in any industrial/research laboratory correspond to one credit and is applicable to all modes of study. https://hcservices.ecourts.gov.in/hcservices/ 5.Therefore, the Equivalence Committee of Anna University of Technology had earlier decided that the week-end Programme is not recognized for admission to Ph.D. Degree Programme at Anna University of Technology Chennai upto the 4th Meeting of the Equivalence Committee. It was subsequently noted that some candidates who did not reveal their mode of study were admitted in the Ph.D.Programme during the January 2011 session. The University could not establish their mode of study, because, in the certificate issued by most of the deemed Universities, no mention was made about their mode of study. Several representations were received from the candidates who were found to be not eligible for Ph.D. Programmes due to the fact that they revealed their mode of study in the application, whereas their batch mates who did not reveal about their mode of study got admitted to the programme. 6.Hence, a decision was taken to accept the week-end mode of study awarded by the Deemed Universities as a required qualification for admission to the Ph.D. Programme, for January / July Session in the year 2011 only. The said counter affidavit clearly establishes a fact that merely due to the mistake committed by Anna University in admitting some candidates with P.G. Degree obtained through week-end mode course from Deemed Universities, a decision was taken to maintain the uniformity, that too only for January / July session in the year 2011 which in effect is to cover up its mistake. The earlier objections pointed out for not recognising week-end mode of study containing several reasons have not been verified or found satisfied by the Equivalence Committee by comparing the working hours and other requirements. No one has challenged the new decision taken by the Anna University, hence I am not going into that aspect now in this writ petition. 7.Hence, the writ petition is disposed of giving direction to the Anna University of Technology, to decide as to whether the week-end mode P.G. Courses offered by the Deemed Universities are valid for admission to Ph.D. Programmes hereafter, i.e. after July 2011 batch. The next batch admission will be in January 2012. Before inviting applications for admission to Ph.D. Programmes, the Anna University is bound to consider as to whether the week-end mode course conducted by the Deemed Universities are valid for admission into Ph.D. Programmes of the Anna University. This direction is issued taking note of the interest of persons/students who are undergoing week-end mode P.G. Degree Courses through Deemed Universities and they must be put on notice as to whether the Degrees awarded by the Deemed Universities by week-end mode of study is valid for the purpose of undergoing Ph.D. Programme. The first respondent is directed to decide the issue before issuing advertisement calling for application for the next admission session for Ph.D. Programme i.e. January 2012. The University namely, the first respondent is bound to take a policy decision by applying its mind regarding the equivalence of the https://hcservices.ecourts.gov.in/hcservices/ degrees awarded by Deemed Universities by way of week-end mode of study to maintain the standard of P.G.Degrees. The University is also directed to bear in mind that it is not recognising the P.G.Degrees obtained through Distance mode of education for admission to Ph.D.Programme. No costs. Consequently, connected miscellaneous petition is closed. sri Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Director Anna University of Technology C.P.T.Campus, Tharamani Chennai – 600 113. 2.The Registrar Sathyabama University Jappiar Nagar, Chennai – 600 119. 3.All India Council of Technical Education (AICTE) New Delhi. + 1 cc to Mr. M. Gnanasekar, Advocate SR No.61449 + 1 cc to Mrs. AL. Ganthimathi, Advocate SR No.60802 + 1 cc to Mr. G.M. Mani Associates, Advocate SR No.60633 + 1 cc to Mr. R. Natarajan, Advocate SR No.60465 KJI(CO) SR/11.10.2011 W.P.NO.18094 OF 2011 https://hcservices.ecourts.gov.in/hcservices/