THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION Nos.34543 OF 2022, 4251, 5665 AND 9384 OF 2023
COMMON ORDER:
The lis involved in these writ petitions is one and the same.
Therefore, the same were heard together and decided by way of this
common order.
2. Heard Sri P.B.Vijay Kumar, learned Senior Counsel,
representing Ms.A.V.S.Laxmi, and Ms.K.V.Rajasree, learned counsel
for the petitioners, Sri Ch.Jagannatha Rao, learned Standing Counsel for
Osmania University, Ms. Megharani Agarwal, learned Standing Counsel
appearing for the University Grants Commission and learned
Asst.Govt.Pleader for Higher Education. Perused the record.
3. These writ petitions are filed to declare the action of Osmania
University in issuing impugned Notification for Ph.D. Entrance Test-
2022 under Category-II in various subjects of different Faculties dated
01.08.2022 and consequent notifications issued by respondent Nos.5 to
8, in respect of Category-I Notification No.472/DSS/Ph.D/JRF/OU/ 2022, dated 01.08.2022 in respect of the Faculty of Social Sciences; Notification No.280/DA/2022-23/JRF/Ph.D./2022 dated 01.08.2022 in respect of Faculty of Arts; Notification bearing No.173/DEAN/FOE/ 2 OU/2022 dated 01.08.2022 in respect of Faculty of Education; Notification No.1258/DFSc/OU/ 2022 dated 01.08.2022 in respect of Faculty of Science as illegal and set aside the same and to direct fresh notification.
4-a. In W.P.No.34543 of 2022 there are six petitioners, all of them have completed Post Graduation in different subjects. 1st and 3rd petitioners are Post-Graduates in Telugu, 2nd petitioner is in Journalism, 4th petitioner in Chemistry, 5th petitioner in Physical Education and 6th petitioner in Archaeology.
4-b. In W.P.No.4251 of 2023, there are 8 petitioners, all of them have completed Post-Graduation in various subjects. 1st petitioner in Sociology, 2nd petitioner in Physical Education, 3rd petitioner in Communication and Journalism, 4th petitioner in Sanskrit, 5th petitioner in Zoology, 6th petitioner in Archeology, 7th petitioner in linguistics and 8th petitioner in Chemistry.
4-c. In W.P.No.5665 of 2023, there are 4 petitioners and all of them have completed Post-Graduation in Telugu subject.
4-d. In W.P.No.9384 of 2023, the petitioner has completed Post- Graduation in Telugu language with M.A.(L) from Faculty of Oriental 3 Languages. He is intending to take admission in Ph.D.Course in Oriental Languages.
5. The petitioners in all the writ petitions are intending to take admission in Ph.D. Course. The petitioners are aggrieved by the aforesaid notifications dated 01.08.2022 issued by the Osmania University.
6. Dr.P.B. Vijay Kumar, learned Senior Counsel representing Ms.A.V.S.Laxmi, and Ms.K.V.Rajasree, learned counsel for the petitioners challenges the aforesaid notifications mainly on the following three grounds:-
i. Inviting the applications separately and categorization is illegal and in violation of University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulations, 2016 (for short, the Regulations, 2016') ii. The Junior Research Fellowship (JRF) is only to give financial assistance to students to secure employment, whereas, the Ph.D. Programme is for the students who will be doing full time Ph.D. courses and they are not eligible for employment by virtue of their Ph.D. Course. Even 4 then, respondents have devised a separate methodology of categorization of perspective students as Category-I, II and III.
iii. Deans of the Faculty of respondent University has issued notification in respect of Category-I, whereas Director of Admissions of Osmania University issued Notification dated 01.08.2022 under Category-II and the same are in violation of the Regulations, 2016. The respondent University framed syllabus for entrance examination of the Ph.D. course in different subjects contrary to the Regulations, 2016. The Research methodology has no place in the syllabus framed. Thus, the admission process is contrary to the UGC Regulations, 2016.
7. Whereas, respondent University contended that it has power to decide separate terms and conditions for Ph.D. entrance test for those students who qualify UGC-NET (Including JRF)/UGC-CSIR NET (Including JRF)/SLET/GATE/teacher fellowship holder or have passed M.Phil. Programme. Therefore, the University had issued Ph.D. Rules and Regulations w.e.f. the year 2022 in accordance with the aforesaid UGC Regulations, 2016 and the same were notified. 5
8. As per the said Rules, University has decided the Admission/Registration into Ph.D. Programme in three broad categories i.e. Category-I, Category-II and Category-III. In order to maintain uniformity in entrance examination, the university has decided excluding Research Methodology, in the interest of students and there is no irregularity in it. The petitioners in W.P.No.5665 and 4251 of 2023 have participated in the selection process and having participated in the selection process, they cannot challenge the notifications. The entire selection process is over and the petitioners herein have not made the selected candidates as parties to the present writ petitions.
9. In view of the aforesaid submissions, it is relevant to note that the UGC has issued the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degrees) Regulations, 2016 ( for short, Regulations, 2016) vide notification dated 05.05.2016 for admissions to M.Phil and Ph.D.Programmes, in exercise of powers conferred on it under Section 26(1) (f) and (g) of the University Grants Commission Act, 1956. In supersession of the said Regulations, the UGC vide notification F.No.1-3/2021(QIP), dated 07.11.2022 had issued UGC Regulations,2022. Perusal of both the old and new Regulations would reveal that there are certain changes in the 6 new Regulations i.e. Regulations, 2022. The impugned notification is dated 01.08.2022 and therefore, the Regulations, 2016 are applicable. However, both the Regulations deals with the procedure for admissions. Regulation No.5 Regulations, 2016 is relevant for the purpose of the present case and the same is extracted below:-
5. Procedure for Admission:-
All Universities and Institutions Deemed to be Universities shall admit M.Phil/Ph.D students through an Entrance Test conducted at the level of Individual University/Institution Deemed to be a University. The University/Institution Deemed to be a University may decide separate terms and condition for Ph.D. Entrance Test for those students who qualify UGC- NET (including JRF)/UGC-CSIR NET (Including JRF)/SLET/GATE/ Teacher Fellowship holder or have passed M.Phil Programme. Similar approach may be adopted in respect of Entrance Test for M.Phil programme.
5.2. Higher Educational Institutions (HEIs) referred to in sub-clause 1.2 above and Colleges under them which are allowed to conduct M.Phil and/or Ph.D. programmes, shall;
5.2.1. decide on an annual basis through their academic bodies a pre- determined and manageable number of M.Phil and/or Ph.D. scholars to be admitted depending on the number of available Research Supervisors and other academic and physical facilities available, keeping in mind the norms regarding the scholar-teacher ratio (as indicated in Para 6.5), laboratory, library and such other facilities; 5.2.2. notify well in advance in the institutional website and through advertisement in at least two (2) national newspapers, of which at least one (1) shall be in the regional language, the number of seats for admission, subject/discipline-wise distribution of available seats, criteria for admission, procedure for admission, examination centre(s) where entrance test(s) shall be conducted and all other relevant information for the benefit of the candidates;
5.2.3. adhere to the National/State-level reservation policy, as applicable.
75.3. The admission shall be based on the criteria notified by the Institution, keeping in view the guidelines/norms in this regard issued by me UGC and other statutory bodies concerned, and taking into account the reservation policy of the Central/State Government from time to time. 5.4. HEIs as mentioned in Clause 1.2 shall admit candidates by a two stage process through:
5.4.1: An Entrance Test shall be qualifying with qualifying marks as 50%, the syllabus of the Entrance Test shall consist of 50% of research methodology and 50% shall be subject specific. The Entrance Test shall be conducted at the Centre((s) notified in advance (changes of Centres, if any, also to be notified well in advance) at the level of the individual HEI as mentioned in clause 1.2.; and 5.4.2: An interview/viva-voce to be organized by the HEI as mentioned in clause 1.2 when the candidates are required to discuss their research interest/area through a presentation before a duly constituted Department Research Committee.
5.5. The interview/viva voce shall also consider the following aspects, viz; whether :-
5.5.1: the candidate possesses the competence to the proposed research, 5.5.2: the research work can be suitably undertaken as the Institution/College;
5.5.3: the proposed area of research can contribute to new/additional knowledge.
5.6: The University shall maintain the list of all the M.Phil/Ph.D. registered students on its website on year-wise basis. The list shall include the name of the registered candidate, topic of his/her research, name of his/her supervisor/co-supervisor, date of enrolment/registration. Thus, the respondent University is having power to decide separate terms and conditions for Ph.D. entrance test for those candidates who qualify UGC-NET (including JRF)/UGC-CSIR NET (Including JRF)/ SLET/GATE/Teacher Fellowship holder or have passed M.Phil 8 Programme. Similar approach may be adopted in respect of Entrance Test for M.Phil programme. By invoking the said provisions, the respondent University had issued Ph.D. Rules and Regulations w.e.f. the year 2022.
10. Regulation No.4 of the said Regulations, 2022 deals with the Ph.D. admissions and the same is extracted below:- 4.1: The Deans of the faculties shall invite the applications for Ph.D.Programme from eligible candidates and shall provisionally admit the candidates based on merit-cum-statutory reservations against the notified vacancies of which 50% is demarcated for Category-I and 50% for Category-Ii, Category-III is on supernumerary basis. In case of a tie, the order of merit will be decided based on the age of the candidate (senior in age will be getting higher priority).
4.2: The admission/registration into Ph.D. Program is made in three load categories as follows:
4.2.1: Category-1 (Research Fellowship Holders). These candidates are admitted directly into the Ph.D. Program by following the procedure mentioned as under:
a) The Dean of the concerned Faculty shall issue a notification twice in an academic year by calling applications for Ph.D. admission from Junior Research Fellowship holders (UGC/CSIR/ICAR/ICMR/DBT or DST. INSPIRE or FIP/QIP Teacher Fellowships) as Category-I.
b) The research fellowship holder shall submit a filled in application form to the Dean of the Faculty concerned with necessary required documents
c) The Ph.D. Admission Committee/Departmental Research Committee interviews (Annexure-I) these candidates and the candidate explains the research interests after which the committee allots him/her a research supervisor in the area of interest of the candidate and generally based on the specialization of the research supervisor and availability of the vacancies.
d) Dean of the Faculty informs the research supervisor regarding the allotment of candidate for the research guidance and the research 9 supervisor must give his/her written consent to supervise the candidate's Ph.D. work.
e) The candidates with research fellowships admitted into the Ph.D. Program must work only as Full-time Research Scholars. (See Rule-7 for the rules governing full time and part-time research scholars) 4.2.2. Category-Il Candidates a. The category-Il candidates are those candidates who are admitted by the Directorate of Admissions O.U. through the Ph.D. Entrance Test conducted by Osmania University in the concerned subject or allied subjects as approved by the University.
b. After the declaration of the results of the Ph.D. Entrance Test, the Directorate of Admissions, Q.U., will prepare a merit list of the eligible candidates based on the number of vacancies notified by the Dean of the Faculty concerned.
c. The list of provisionally admitted candidates shall be sent to the Dean of the concerned Faculty for finalizing the admissions by the Ph.D. Admission Committee / Departmental Research Committee for the purpose of allotment of Supervisor and finalization of research area/topic through an interview with the provisionally selected candidates d. in case recognized Bupervisors are not availastite in the concerned department, the Dean may include recognized supervisors from an allied subject or external subject experts who are recognized supervisors of Osmania University e. The selection of candidates is done by giving a weightage of 70% to the entrance test and 30% to the academic performance and interview (Annexure-II) 4.2.3 Category-III Candidates The Category-Ill candidates include:
a. Foreign Scholars: One eligible foreign scholar shall be allotted to each supervisor (or a maximum of two) on supernumerary basis, on receipt of a requisition application received from the University Foreign Relations Office (UFRO), and on the recommendation of the Departmental Research Committee concerned.
10b. Corporate/ Industry/ Professional Candidates etc. To forge collaboration between the Govt/Corporate/Industry and the University. one eligible candidate among the following categories shall be allotted to each supervisor on supernumerary basis as under:-
i. Civil Servants working in the Government not below the cadre of Joint Secretary.
ii. Scientists / Researchers working in National/International level scientific organizations not less than the rank of Scientist-D. iii. International/National/State level top public sector organizations working in the rank not less than the General Manager. iv. Defense personnel in service with not below the rank of Wing Commander / Captain (Navy) / Colonel.
v. Working personnel in Private Organizations with annual turnover not less than Rs.100crores and with the position not less than Vice-President.
vi. Serving or retired Judges with not less than the rank of Judges of High Court of the State The fee payable by these categories of the candidates shall be as per the University Rules issued from time to time.
The applicants in the Category-Ill shall approach the Dean of the concerned Faculty along with the necessary proposal and documents, and the admission shall be given as per the Rules applicable on the recommendation of the Departmental Research Committee concerned. The candidates falling under the category-III shall be exempted from the Ph.D. Entrance Test.
11. As per Regulation 5.2.1 of Regulations, number of M.Phil and/or Ph.D. scholars to be admitted depending on the number of available Research Supervisors and other academic and physical facilities available, keeping in mind the norms regarding the scholar- teacher ratio.
12. In view of the same, according to the respondent University, the Planning Committee of the Academic Senate of respondent University in its meeting held on 29.07.2022, passed resolution i.e. the 11 available vacancies in the respective departments shall be made allotted in the ratio of 50:50 for Category-I and Category-II. Therefore, according to the respondent University, they have framed the Rules as per the UGC Regulations, 2016 and they have issued the aforesaid notifications Category-wise and there is no error in it.
13. As rightly contended by Sri Ch.Jagannatha Rao, learned Standing Counsel appearing for Osmania University, the respondent University is having power to decide separate terms and conditions for Ph.D. Entrance Test and accordingly they have issued the aforesaid Regulations for the year 2022. There is no challenge to the said Regulations by the petitioners in all the aforesaid writ petitions. But according to the petitioners, the categorization is illegal. According to them, as per Regulation No.5 of the Regulations 2016, only one test is required to be conducted for admissions into Ph.D., the Categorization of candidates as Category-I, II and III is inadmissible and it is not available under Regulations, 2016. In the UGC Regulations 2022, it came into force a little later to the notifications issued by the 2nd respondent. There is no mention about any such categorization.
14. It is the further contention of the petitioners that the JRF and other Fellowships are only for extending financial assistance to the 12 students to secure employment, whereas, the Ph.D.Programme is for the students who will be doing full time Ph.D. course and they are not eligible for employment by virtue of their Ph.D.Course. The JRF awarded is valid for a maximum period of two years and if they fail to secure admission into Ph.D. within two years, their fellowship will be cancelled. Thus, it is very clear that JRF candidates are not a separate and distinct category and they have to take the mainstream Ph.D. entrance examination. However, respondent University for the reasons best known has devised a separate methodology categorizing the perspective students as Category-I, II and III. The said categorization is illegal and contrary to the UGC Regulations, 2016.
15. It is the specific contention of the respondent University that the HEIs are under decentralization of power and were made these admissions under category-II, III and I and the University is continuing the system already existed in terms of Regulation No.5 of the Regulations 2016. The admissions shall be based on the criteria notified by the Institution, keeping in view the guidelines/norms in this regard issued by the UGC and other statutory bodies concerned and taking into account the reservation policy of the Central/State Government from time to time. Thus, the respondent University had issued notification for 13 admissions in all three categories. The notifications are strictly in accordance with Regulation No.5 of the Regulations, 2016 and 2022.
16. The eligibility conditions under Clause 1 of Regulation 5 of Regulations 2016 are that those who are awarded JRF in a National Level Test namely (UGC/CSIR/ICMR/ICR/DBT/INSPIRE Fellowships are exempted from appearing in Ph.D. Entrance Test. The JRF candidates already subjected to National Level Test (NLT) were treated separately under Category-I.
17. Thus, as discussed supra, as per 5.1 of UGC, 2016, the respondent University is having power to decide separate terms and conditions for Ph.D. entrance test for those students who qualify UGC- NET (Including JRF)/UGC-CSIR NET (Including JRF)/SLET/GATE/ teacher fellowship holder or have passed M.Phil. Programme. As per Regulation 5.3 of Regulations, 2016, the admission shall be based on the criteria notified by the Institution, keeping in view the guidelines/norms in this regard issued by the UGC and other statutory bodies concerned, and taking into account, the reservation policy of the Central/State Government from time to time. In terms of Regulation 5.1 of the Regulations,2016, the respondent University has issued 14 Ph.D.Rules and Regulations w.e.f. the year 2022 prescribing norms and procedure for admission into Ph.D. courses.
18. As discussed supra, there is no challenge to the said Ph.D. Rules and Regulations for the year 2022 issued by respondent University in terms of Regulation 5.1 of Regulations, 2016. According to this Court, there is no irregularity in issuing notification category- wise.
19. With regard to the contention of the petitioner that the Deans are not having power to issue notifications, it is relevant to note that as per Regulation 4 of the Regulations, 2022 which deals with Ph.D. admissions, Deans of Faculties are having power to invite applications for Ph.D. Programme from the eligible candidates. Therefore, there is no irregularity in issuing notification by the Deans. Therefore, the contentions of the petitioners that the Deans are not having powers to issue notifications is untenable.
20. With regard to the syllabus and excluding the research methodology in the syllabus for entrance test, it is the specific contention of the respondent University that the syllabus for entrance test was displayed on their website and candidates were asked to download the syllabus of the concerned subjects from the University 15 website i.e. www.osmania.ac.in and www.ouadmissions.com. However, Osmania University does not include research methodology as a subject at Post Graduation Level. In order to maintain uniformity in the entrance examination, the University has decided the syllabus excluding Research methodology. However, the same is introduced in Ph.D. course work. The Scholars taking admission into Ph.D. Programme in Category-III has to be approved by the Departmental Research Committee along with the recommendation of the Deans of the Concerned Faculty. The Supervisors allotted under this category as additional seat over and above which can be read with information brochure of Ph.D.Entrance Test, 2022 released by office of the University. Therefore, there is no irregularity in the same.
21. Thus, in view of the said specific contentions of the respondent University and also considering the fact that the petitioners in W.P.Nos.5665 and 4251 of 2023 having participated in the selection process knowing very well of the syllabus, cannot now turn around and challenge the notification dated 01.08.2022. Therefore, the said contentions of the petitioners are unsustainable. 16
22. The petitioners in W.P.No.34543 of 2022 having raised the aforesaid syllabus issue but they have challenged only with regard to categorization.
23. It is the specific contention of the respondent University that its Standing Committee of Academic Senate in its meeting held on 29.07.2022 has passed resolution that the the available vacancies in the respective departments shall be allotted in the ratio of 50: 50 for Category-I and admissions. Therefore, according to the respondent University, they have framed the Rules as per the UGC Regulations, 2016 and they have issued the aforesaid notifications Category-wise.
24. There are 16 clear vacancies in Telugu Department where 7+1(Physically challenged person was admitted at later stage) in total 8, Ph.D. admissions and were made under category-I and remaining vacancies will be filled as per provisions. The University will regularly notify its Academic Excellency including admissions for different courses on their Institutional website i.e. www.osmania.ac.in in addition to display of the hard copies on the notice boards of the concerned Departments and Faculties. University has displayed 8 vacancies in Telugu subject on its website. It was clearly mentioned in the notification released in local and national newspapers asking the 17 candidates to visit the websites www.osmania.ac.in for updates. However, 582 applicants have applied and 416 candidates have appeared for Telugu subject Entrance Test. As such, the University has given clear notification.
25. It is relevant to note that Sri P.B.Vijay Kumar, learned Senior Counsel would submit that the respondents having issued the aforesaid notification in terms of UGC Regulations, 2016 which says that the notification shall be published well in advance in the institutional website and through advertisement in at least two national newspapers, of which at least one shall be in the regional language, the number of seats for admission, subject/discipline-wise distribution of available seats, criteria for admission, procedure for admission, examination centres where entrance test shall be conducted and all other relevant information for the benefit of the candidates. However, respondents in their counter specifically mentioned that they have issued notification in the local and national newspapers asking the candidates to visit the aforesaid websites. However, they have not mentioned about the details of the newspapers. Learned counsel for the respondent University has produced copies of newspapers. Perusal of the same would reveal that the respondent University has issued the said notification in the Hindu 18 (English Daily), Namasthe Telangana (Telugu Daily) and Siasat (Urdu Daily) on 03.08.2022. Therefore, the contention of the learned Senior Counsel that the respondent University has not published notification in the newspapers is unsustainable. In the said notifications, there is specific mention about the request made by the University to the students to visit the website and know the details of the Entrance Test etc., are specifically mentioned. Therefore according to this Court, there is no irregularity in the same.
26. Sri Ch.Jagannatha Rao, learned standing counsel appearing for Osmania university would submit that the petitioners in W.P.No.5665 of 2023 and 4251 of 2023 having participated in the selection process cannot challenge the notification. He has also placed reliance on the principle laid down by the Apex Court in Ranjan Kumar Vs. State of Bihar1 and D.Sarojakumari Vs. R.Helen Thilakom2. In Ranjan Kumar (supra), the Apex Court relying on the earlier judgments in Indu Shekhar Singh Vs. State Of U.P.3 including judgment in Union of India Vs. S.Vinod Kumar4 held that those candidates who have taken part in the selection process knowing fully well to the procedure laid 1 (2014) 16 SCC 187 2 AIR 2017 SC 458.
3(2006) 8SCC 129 4 (2007) 8 SCC 100 19 down were not entitled to question the same. Similar view was taken by the Apex Court in D.Sarojakumari (supra).
27. As discussed supra, the petitioners in W.P.Nos.5665 and 4251 of 2023 have participated in the selection process and therefore, they cannot now turn around and challenge the notification itself.
28. Whereas, Dr.P.B.Vijay Kumar, learned Senior Counsel referring to principle laid down by the Apex Court in Dr.(Major) Meeta Sahai Vs. State of Bihar5 and in Krishna Rai (dead) through L.Rs. Vs. Banaras Hindu University through Registrar6, would submit that estoppel does not operate against law.
29. In Dr.(Major) Meeta Sahai (supra), an advertisement was published by the Bihar Public Service Commission (hereinafter, "Commission") in various local newspapers on 18.07.2014, inviting applications from eligible candidates for filling up 2301 vacant posts of General Medical Officer in Bihar. The advertisement issued by the Commission to the extent it mandated that only work experience in hospitals of Government of Bihar shall be considered for awarding marks for 'work experience', the petitioner therein having participated in the selection process, having failed in getting selected, challenged the 5 (2019) 20 SCC 17 6 2022 LiveLaw (SC) 553 20 very notification itself. The petitioner therein was having work experience in Army hospital, which was not considered since as per the said notification work experience in hospitals of Government of Bihar only considered for awarding marks for work experience. The Apex Court on considering construction of interpretation of statutes, grammatical construction of objects etc., held that interpretation of statute or rule is the exclusive domain of Courts, and given the scope of judicial review in delineating such criteria, the appellant's challenge cannot be turned down at the threshold. The appellant challenge to the maintainability and estoppels is not applicable.
30. Whereas, in the present case, the facts are different. The petitioners are challenging the notifications mainly on categorization and syllabus etc. There is no violation of any procedure by the respondent University with regard to the admissions into Ph.D. course. Therefore, the principle laid down therein is not applicable to the facts of the present case.
31. In Krishna Roy (supra), the Apex Court considered the eligibility criteria prescribed in the statutory Service Rules for procedure of promotion of Class-IV employees to Class III working in the Banaras Hindu University. There was violation of procedure laid down in the 21 said statutory service rules. The Apex Court held that estoppel does not operate against law. Whereas, in the present case, there is no violation of any procedure by the respondents and therefore, the facts of the said case are different to the facts of the present case.
32. Viewed from any angle, the petitioners failed to establish any procedural irregularity in issuing impugned notifications dated 01.08.2022. Therefore, the petitioners are not entitled for any relief much less the relief sought in the present writ petitions. Therefore, these writ petitions are liable to be dismissed.
33. In the result, these writ petitions are dismissed. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date:10.04.2023 Note: Issue copy today.
b/o. vvr