Himachal Pradesh High Court
Sheetal Thakur vs Himachal Pradesh University on 30 July, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10923 of 2023
a/w CWP No.3891 of 2024
Date of decision: 30.07.2024
.
1. CWP No.10923 of 2023
Sheetal Thakur. ...Petitioner.
Versus
Himachal Pradesh University. ...Respondent.
2. CWP No.3891 of 2024
Rishabh Mehta. ...Petitioner.
Versus
Himachal Pradesh University & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 Yes
For the petitioners : Mr. Sanjeev Bhushan, Senior
Advocate with Mr. Rocky,
Advocate, for the petitioners in
both CWPs.
For the respondent(s) : Ms. Archna Dutt, Advocate, for
the respondent in CWP
No.10923 of 2024.
: Mr. Devender K. Sharma,
Advocate, for respondents in
CWP No.3891 of 2024.
Jyotsna Rewal Dua, Judge
Petitioners in both these petitions are desirous of
taking admission in Ph.D. course in Rural Development in
Whether reporters of Local Papers may be allowed to see the judgment? Yes
the Department of Interdisciplinary Studies in the
respondent-University. Their grievance lies against the office
.
communications dated 18.07.2023 and 21.07.2023 issued
by the Dean of Studies, Himachal Pradesh University,
whereby admission process in Ph.D. (Rural Development)
running in the Department of Interdisciplinary Studies and
Ph.D. (Sustainable Rural Development) running in the
till further
r orders. to
Department of Life Long Learning was ordered to be stopped
Relevant excerpts from Office
communication dated 21.07.2023 are as under:-
"This is in continuation to the Committee
constituted vide Notification No.1-3/2022-HPU(DS)
dated 08.08.2022 to examine the matter
regarding offering two degrees with same subject,
i.e. Ph.D. Rural Development and Ph.D.
Sustainable Rural Development. In this regard,
Committee decided that afresh admission process
of Ph.D (Rural Development) programme in
Department of Interdisciplinary Studies and Ph.D.
(Sustainable Rural Development) programme in
the Department of Life Long Learning be stopped
till further order."
2. The case.
2(i). The Executive Council of the respondent-
University constituted a Committee on 08.08.2022 to
examine a matter regarding offering two degrees with the
similar subjects, i.e. in the subject of Ph.D. (Sustainable
Rural Development) in the Department of Life Long Learning
.
and Ph.D. (Rural Development) in the Department of
Interdisciplinary Studies. Presumably, the Committee so
constituted took a decision that fresh admission process of
Ph.D. (Rural Development) in the Department of
Interdisciplinary Studies and Ph.D. (Sustainable Rural
Development) in the Department of Life Long Learning be
stopped till further orders. On the basis of this decision of
the Committee, the Dean of Studies of respondent-
University, firstly vide communication dated 18.07.2023 and
thereafter on 21.07.2023 enforced the said decision and
ordered stopping of fresh admission process in the aforesaid
Ph.D. Degree courses.
2(ii). The decision of stopping the fresh admission
process in Ph.D. (Rural Development) in the Department of
Interdisciplinary Studies affected the petitioners, therefore,
they have preferred these writ petitions, assailing aforesaid
decision. Substantive relief prayed in CWP No.10923 of 2023
reads as under:-
(i). That the Respondents may kindly be
directed to set aside and quashed the impugned
order dated 18.07.2023 issued by the University
Authority (Dean of Studies) and further direction
may be issued to respondent to allow petitioner
in admission to the Ph.D Course in the
Department of the Interdisciplinary Studies and
in the course (Rural Development). As this course
.
is running since 2020 till 2022.
(ii). That the Respondents may kindly be
directed to allow petitioner for fresh counseling in
their respective subject and may kindly allow her
to continue with other counter parts for the same
session as mentioned in the admission notice
dated 10-11-2023.
Substantive relief prayed in CWP No.3891 of 2024
is as under:- r "a) Issue an appropriate writ, order or
direction to the respondent department to
consider the letter dated 25.04.2024 (Annexure
P-5) and advertise the seats for Ph.D. Programme
in the department of Interdisciplinary Programme
in the interest of justice.
b) Issue an appropriate writ, order or
direction to the respondents to give opportunity
to the petitioner to appear in the entrance test for
Ph.D. Programme in the interest of justice."
3. Orders passed in the matter.
These matters have been listed many times. In all
these hearings, requests for adjournments have been made
on behalf of the respondent-University for placing on record
the decision of the Committee. Adjournments have been
granted to the University to take the final decision and place
it on record of the case.
3(i). It will be appropriate to first refer to following
order passed on 25.04.2024, where noticing that the
.
Committee constituted in the year 2022 had still not been
able to take decision in the matter, causing hardships to the
students, the University was directed to clarify as to how
much more time the Committee would take to submit its
report:-
r to
Order dated 25.04.2024
"Perusal of the reply filed by the respondent
University reveals that vide Notification No.1-
3/2022-HPU(DS) dated 8.8.2022, a Committee
already stands constituted by the respondent-
University to examine the issue of admission in
Ph.D course in the subject of Interdisciplinary
Studies and Ph.D Rural Development. Though,
Committee was constituted in August, 2022, but till
date, no decision has been taken, as a result
thereof, students desirous of doing Ph.D courses in
aforesaid disciplines are facing hardship,
especially who are recipient of Junior Research
Fellowship (JRF).
Learned counsel for the respondent-
University to have instructions that in how much
time, Committee would conclude the proceedings
and submits its report.
List on 2.5.2024."
3(ii). On the next date, it was informed that the
Committee had taken a decision but the same was to be
placed before higher bodies of the University for approval.
Following order was passed by the Court with hope of
prompt decision by the higher bodies, while expressing its
.
serious concern that failing decision by the Committee, the
Court would be compelled to direct provisional admissions to
the students in the concerned streams:-
Order dated 02.05.2024
"While placing on record communication
dated 01.05.2024, issued under the signatures of
Registrar, Himachal Pradesh University, Shimla,
Ms. Archana Dutt, learned counsel representing the
respondent, states that the committee constituted
by the Executive Council of the University though
has taken certain decisions, but same are to be
placed before the higher requisite bodies of the
University i.e. Academic Council for approval. Since
Committee has already furnished its report to the
University, coupled with the fact that students
desirous of doing Ph.D courses in aforesaid
disciplines are suffering for no fault of them, this
Court hopes and trusts that appropriate action on
the report given by the Committee shall be taken
by the Academic Council expeditiously, preferably
within a period of two weeks, failing which, this
Court shall be constrained to order to the
University to grant provisional admission in the
stream concerned.
List on 31.05.2024."
3(iii). Final opportunity was granted to the respondents
under following order passed on 05.07.2024 to place on
record the decision in terms of order dated 02.05.2024:-
Order dated 05.07.2024
"Learned counsel for the respondent(s) prays
for and is allowed final opportunity to place on
record instructions in terms of order dated
.
02.05.2024.
List on 11.07.2024."
3(iv). On 11.07.2024, instructions were placed on
record by the respondent-University informing that:- on the
basis of recommendations made by the Committee, the
Standing Committee of the Academic Council had taken a
decision on 02.05.2024; The University had notified the said
decision on 29.05.2024; But the Executive Council in its
meeting convened on 14.06.2024 has stayed the
implementation of the notification dated 29.05.2024 and
instead constituted a High Powered Committee to examine
the issue of Ph.D. degree in Rural Development &
Sustainable Rural Development.
Taking note of above, vide detailed order passed
on 12.07.2024, one more final opportunity of a week was
granted at the request of learned counsel for the University
to place the decision of High Powered Committee on record.
3(v). When the matter came up for hearing next on
22.07.2024, again request was made by learned counsel for
the respondent-University for adjourning the hearing by two
more weeks for placing on record the decision of the High
.
Powered Committee. In light of orders previously passed in
the matter, following order was passed on 22.07.2024
requesting for presence of the Registrar and the Dean of
Studies of respondent-University in the Court on
29.07.2024:-
r to
Order dated 22.07.2024
"Learned counsel for the respondent-
university again seeks two weeks time for taking
decision in the matter.
Despite repeatedly adjourning the matter to
enable the respondent-university to take decision
for admission to Ph.D course in Rural
Development/Sustainable Rural Development in
the Department of Interdisciplinary Studies and
Department of Lifelong Learning, no decision as yet
has been taken.
Final opportunity granted to the respondent-
university for taking decision and to place the
same before the Court vide order dated 12.07.2024
has also not been availed.
In light of order passed on 12.07.2024, let
respondent No.1 (in CWP No.10923/2023) and
respondent No.2 (in CWP No. 3891/2024) to
remain present in the court on the next date of
hearing.
List on 29.07.2024."
3(vi). The next hearing of the case on 29.07.2024 was
attended by the Registrar, the Dean of Studies and Professor
Sunil Deshta, a member of the High Powered Committee. The
order was passed as under:-
.
Order dated 29.07.2024
"Sh. Virender Sharma, Registrar, Dr. Sunil
Deshta, member of High Powered Committee and
Dr. B. K. Verma, Dean of Studies, Himachal
Pradesh University, have attended the hearing.
Some valuable inputs and submissions have been
made by the Registrar, Dr.Sunil Deshta and Dean
of Studies. The Court has also interacted with all
the above officers. The matter has also been
heard.
List on 30.07.2024."
4. Consideration.
From the instructions placed on record on
different dates by the learned counsel appearing for the
respondent-University and the submissions made by learned
counsel for the parties and the inputs of the academicians as
also of the Registrar of the respondent-University, who
attended the hearing on 29.07.2024, it comes out that:-
4(i). The Committee constituted by Executive Council
on 08.08.2022 had taken the decision on 18.03.2024 and
furnished following report:-
"1. After detailed deliberations the Committee
recommended that both departments will approve the
nomenclature of PhD programme afresh from the
relevant academic bodies such as Board of Studies,
Faculty, Academic Council within one month from the
date of issue of letter from the Academic Branch. The
Committee recommended that the PhD degree may be
awarded as under:
Sr. Name of Existing Proposed
No. Department nomenclature of nomenclature of
.
PhD Degree PhD Degree
(i) Department of Life PhD in PhD in Rural
Long Learning Sustainable Development
Rural
Development
(ii) Department of PhD in Rural PhD in
Interdisciplinary Development Development
Studies (DIS) Studies
The recommendations under Point 1 above will be
applicable to both existing and prospective students
of both Departments and synopsis will be approved
accordingly.
2. PhD admissions in both departments will be resumed
after approval of relevant bodies provided if both the
departments fulfill UGC conditions to offer PhD
programme.
3. The Committee also recommended that after approval
of the proceedings, the same be sent to the Academic
branch for information and further necessary steps to
be followed for its implementation."
4(ii). The above report furnished by the Committee on
18.03.2024 was deliberated by the Standing Committee of
the Academic Council in its meeting convened on
02.05.2024. The Standing Committee of Academic Council
approved the recommendations of the Committee for
changing the nomenclature of Ph.D. programmes in both
departments. It resolved as under:-
"Decision: The Standing Committee of Academic Council
after detailed deliberations on the issue approved that
the proposal regarding award of Ph.D degree to the
existing students of the following Departments, as
under::
Sr. Name of Existing Proposed
.
No. Department nomenclature nomenclature
of PhD Degree of PhD Degree
(i) Department of Life PhD in PhD in Rural
Long Learning Sustainable Development
Rural
Development
(ii) Department of PhD in Rural PhD in
Interdisciplinary Development Development
Studies (DIS) Studies
The Committee discussed the matter threadbare and
unanimously decided as under:
1. The Standing Committee of the Academic Council
approved the recommendations of the Committee
constituted vide Notification No. 1-3/2022-HPU(DS)
dated 08-08-2022 to change the nomenclature of PhD
programs in both departments.
2. The Standing Committee of the Academic Council
recommended that the nomenclature of the Master's
program be changed from MBA Rural Development to
MBA Development Studies from the next session, i.e.
2025-2026 as the admission process of the ensuing
session (2024-2025) has already started.
3. The Standing Committee of the Academic Council
recommended that points referred to (1) & (2) be
approved afresh from the relevant academic bodies
BoS/ Faculty/ Academic Council/etc. only then fresh
admission to PhD programs at both can be restored.
Till then admission to PhD programs at both shall
remain suspended."
4(iii). The above decision of the Standing Committee
was notified by the University on 29.05.2024 as under:-
"Notification
The Standing Committee of the Academic Council vide
item No. 2 of its meeting held on 02.05.2024 has
approved that the Ph.D. Degree to the existing Ph.D.
students of following Departments will be awarded, as
under:-
Sr. Name of Deptt. Nomenclature of Ph.D. Degree
No.
.
1 Department of Life Ph.D. in Rural Development
Long Learning.
2 Department of Inter- Ph.D. in Development Studies
disciplinary Studies
(DIS)
The Standing Committee of the Academic Council
further decided as under:-
1. The Standing Committee of the Academic Council
approved the recommendations of the committee
dated 18.03.2024, as per annexure to change the
nomenclature of Ph.D. programs in both
departments.
2. The Standing Committee of the Academic Council
recommended that the nomenclature of the Master's
Program be changed from MBA Rural Development
to MBA Development Studies from the next session
i.e. 2025-2026 as the admission process of the
ensuing session (2024-2025) has already started.
3. The Standing Committee of the Academic Council
recommended that points referred to (1) & (2) be
approved afresh from the relevant academic bodies
BOS/Faculty/ Academic /etc. only then - fresh
admission to Ph.D Programs at both Deptts. can be
restored. Till then admissions to Ph.D Programs at
both Deptts. shall remain suspended."
4(iv). The above decision taken by the Standing
Committee of Academic Council as notified by the
respondent-University on 29.05.2024 was placed before the
Executive Council. The Executive Council in its meeting
convened on 14.06.2024 resolved not to implement the
decision of Standing Committee of Academic Council notified
on 29.05.2024. The Executive Council further constituted a
High Powered Committee for examining the issues of (i)
change of nomenclature of staff of Department of
.
Interdisciplinary Studies and (ii) issuance of Ph.D. Degree in
Rural Development by the Department of Interdisciplinary
Studies and the Department of Life Long Learning. The High
Powered Committee was directed to submit its report shortly.
The decision taken by the Executive Council in its meeting
on 14.06.2024 is excerpted hereinafter:-
"निर्णय:- Shri Harish Janartha, Hon'ble Member,
Executive Council informed the Council that this matter
needs to be discussed again, in view of the
representation submitted by him. Registrar-cum-
Member Secretary informed the Council that the State
Vigilance and Anti corruption Bureau has sought
information related to this matter and the same is yet
to be submitted to the State Vigilance and Anti
Corruption Bureau. Registrar also informed that a
number of representations have been received from
students requesting therein to withdraw the notification
No. 7-1/2024-HPU(Acad.) dated 29.05.2024. After
detailed deliberations it was decided that the matter
needs to be examined threadbare by a High Powered
Committee. Meanwhile, the decision taken by Executive
Council with respect to nomenclature of staff of
Department of Interdisciplinary Studies (DIS) in its
previous meeting be held in abeyance. Also, the
notification No. 7-1/2024-HPU(Acad.) dated
29.05.2024 will not be implemented.
Accordingly, it was decided to constitute a
High Powered Committee as under:-
1 Prof. Neelima Kanwar - Chairperson
(EC Member)
2 Prof. Mamta Mokta - Member
3 Prof. S.L. Kaushal - Member
(Dean, Environmental
Development and
Sustainability Studies)
4 Prof. Aparna Negi - Member
5 Prof. Sunil Deshta - Member
6 DR (Teaching) - Convener (for academic
aspects of the matter)
7 DR (Estt.) -Convener (for Establishment
aspects of the matter)
.
This committee will examine the issue of change
of nomenclature of staff of Department of
Interdisciplinary Studies (DIS) and issuance of Ph.D.
Degree in Rural Development by Department of
Interdisciplinary Studies (DIS) and Department of Life
Long Learning. The Committee will submit its report
shortly."
4(v). At the request of the learned counsel for
respondent-University, these writ petitions have been
repeatedly adjourned awaiting the decision of the
respondent-University on the issue. The time as requested by
learned counsel has been allowed to the respondent-
University time & again. Detailed orders (already extracted
above) were passed in the writ petitions emphasizing the
necessity of urgent decision in the matter for protecting the
interests of students. Despite passing of elaborate orders
giving repeated opportunities to the respondent, no firm
decision has been taken in the matter till date. Even the final
opportunities granted to the respondent-University for taking
the decision and placing the same on record of the writ
petitions has not been availed.
Faced with this and pursuant to the order dated
22.07.2024, the hearing of the case on 29.07.2024, was
.
attended by Sh. Virender Sharma, the Registrar, Dr. Sunil
Deshta, Member of the High Powered Committee and Dr.
B.K. Verma, the Dean of Studies of Himachal Pradesh
University. Learned Academicians and the Administrative
Officer of the respondent-University were unison in their view
that delay in taking decision in the matter was indeed
affecting the interests of the students, who were desirous in
taking admission in Ph.D. courses concerned. Dr. B.K.
Verma, Dean of Studies, expressed his helplessness in going
ahead with the admission process in concerned Ph.D.
courses, in view of the decision taken by the Committee
constituted on 08.08.2022. According to the Dean of Studies,
this Committee was constituted by the Executive Council on
08.08.2022 to examine the matter regarding offering of two
degrees with the same subject and this Committee had taken
a decision for stopping fresh admission process in Ph.D.
(Rural Development) in the Department of Interdisciplinary
Studies and Ph.D. (Sustainable Rural Development) in the
Department of Life Long Learning, therefore, admissions
cannot be made in Ph.D. course in the concerned subject.
.
4(v). The above contention cannot be accepted at this
stage, more particularly in view of given cumulative facts as
have come on record:-
4(v)(a). Firstly, no such decision of the Committee
constituted on 08.08.2022 stopping further admission
r to
process in Ph.D. (Rural Development) in the Department of
Interdisciplinary Studies and Ph.D. (Sustainable Rural
Development) in the Department of Life Long Learning has
been placed on record.
4(v)(b). Secondly, assuming there was, such decision of
the Committee which has been referred to by the Dean of
Studies in his office communications dated 18/21.07.2023,
then also it has to be borne in mind that the Committee
constituted on 08.08.2022 had already furnished its report
to the Academic Council of respondent-University on
18.03.2024. The Committee is no more in existence today.
The Standing Committee of Academic Council has already
approved the recommendations of the Committee dated
18.03.2024 in its meeting held on 02.05.2024. The decision
of the Standing Committee of Academic Council was notified
on 29.05.2024 as under :-
.
"Notification
The Standing Committee of the Academic Council vide
item No. 2 of its meeting held on 02.05.2024 has
approved that the Ph.D. Degree to the existing Ph.D.
students of following Departments will be awarded, as
under:-
Sr. Name of Deptt. Nomenclature of Ph.D. Degree
No.
1 Department of Life Ph.D. in Rural Development
Long Learning.
2 Department of Inter- Ph.D. in Development Studies
disciplinary Studies
r(DIS)
The Standing Committee of the Academic Council
further decided as under:-
1. The Standing Committee of the Academic Council
approved the recommendations of the committee dated
18.03.2024, as per annexure to change the nomenclature
of Ph.D programs in both departments.
2. The Standing Committee of the Academic Council
recommended that the nomenclature of the Master's
Program be changed from MBA Rural Development to
MBA Development Studies from the next session i.e.
2025-2026 as the admission process of the ensuing
session (2024-2025) has already started.
3. The Standing Committee of the Academic Council
recommended that points referred to (1) & (2) be approved
afresh from the relevant academic bodies
BOS/Faculty/Academic/etc. Only then fresh admission
to Ph.D Programs at both Deptts. can be restored. Till then
admissions to Ph.D Programs at both Deptts. shall remain
suspended."
The decision of the Standing Committee as
notified on 29.05.2024 was not approved by Executive
Council in its meeting convened on 14.06.2024. Even the
decision taken by the Standing Committee to refer points No.
(1) & (2) for fresh approval from relevant academic bodies
.
and to keep admission in Ph.D. programs in both
Departments suspended till such time, was not approved.
The Executive Council in terms of its resolution/decision
dated 14.06.2024, merely decided that notification dated
29.05.2024 (the decision taken by the Standing Committee of
Academic Council) will not be implemented. There was no
endorsement by the Executive Council for stopping fresh
admissions to the subject Ph.D. programs in the Department
of Interdisciplinary Studies. All the Executive Council did on
14.06.2024 was to constitute a High Powered Committee for
examining the issue of Ph.D. (Rural Development) in the
Department of Interdisciplinary Studies and Department of
Life Long Learning. The decision of the High Powered
Committee is yet awaited.
Pertinently, out of seven members of the High
Powered Committee, the five members figuring at Serial
Nos.2, 3, 4, 6 and 7 were also the members of the Committee
constituted by the Executive Council on 08.08.2022, which
had already furnished its recommendations on 18.03.2024
and which had also been approved by the Standing
Committee of the Academic Council on 02.05.2024.
.
It will also be pertinent to note here that Professor
Sunil Deshta, Member of the High Powered Committee,
figuring at Serial No.5, pointing out to his following view
recorded in minutes of the High Powered Committee dated
19.07.2024, stated during hearing of the case on 29.07.2024
departments
runder to
that Ph.D. degree should be awarded by both the concerned
single faculty of Environment
Development and Sustainability Studies without
compromising the individual character of Department of
Interdisciplinary Studies (DIS) and Department of Life Long
Learning (DLL) :-
"I am of the considered view that the Ph.D. degrees
be awarded by both the Departments, i.e. DIS and
DLL in Rural Development. Further, both the
departments be placed under a single faculty, i.e.
Faculty of Environment Development and
Sustainability Studies without compromising the
individual character of DIS and DLL."
4(v)(c). Though the above sequence of events clearly
make out that there is no embargo at present for admission
.
process in the subject Ph.D. course in Department of
Interdisciplinary Studies, however, even assuming that an
undisclosed decision still exists for not proceeding ahead
with the admission process in Ph.D. course in the aforesaid
Department, the same will not be in the interest of students
the facts that :-
r to
and also not in consonance with law. This is apparent from
The respondent-University is governed by its
Ordinances. Dr. Sunil Deshta (member of High Powered
Committee), the Registrar of the respondent-University and
Dr. B.K. Verma, the Dean of Studies, who attended the
hearing of the case on 29.07.2024 fairly admitted that: The
University is governed by its Ordinances; That in terms of the
Ordinances and in terms of the approved amendments to the
First Statutes of the Himachal Pradesh University, a
notification was issued on 24.01.2017 proposing to make
following amendments:-
"The following amendments to the First Ordinances of the
Himachal Pradesh University, as approved by the Executive Council in its
meeting held on 14.08.2015 under the powers vested in it under section
40(2) of the Himachal Pradesh University Act-1970 read with Statutes
26(2) of the First Statutes of the University and assented to by the Hon'ble
Chancellor under section 40(3) of the Act ibid as conveyed by the
Chancellor's office vide letter No.4-37/76-GS-V dated 23.01.2017 are
hereby notified for information and necessary action accordingly:-
.
Res. Ord. Title Proposed Amendments
No. No.
10 1.4 Amendment/ xx xx
New Additional
(1) A. MBA (Rural Development)
1 (i) Minimum qualifications for admission
(5) to MBA (Rural Development) shall be
Bachelor Degree in any discipline under
10+2+3 pattern of education or
its equivalent from any recognized
Institute/ University with at least
50%(45% in case of SC/ST) marks in
aggregate.
xx xx
xx xx
H. Ph. D Programme in Rural
Development (Inter-disciplinary)
(i) Minimum qualification for admission to
Ph.D Programme in Rural Development
shall be UGC-NET/ M.Phil in Rural
Development/ Commerce/ Sociology /
Social Work/ Economics/ Political
Science/ Public Administration OR its
equivalent from any recognized
University / Institute.
(ii) The number of seats will be as per
University norms.
(iii) Ph.D Programme will be a full time
regular course of study pursued by
regular attendance in classes and
seminars.
(iv) The duration of the course approval of
research supervisor, research topic etc.
will be based on University norms."
The above notification was approved & accented
to by the Hon'ble Chancellor of the University. The
amendments are in force. Vide notification dated 08.03.2018,
First Statutes of the respondent-University have been
amended as under:-
.
'NOTIFICATION'
The following amendments to the First Statutes of Himachal
Pradesh University having been approved by the Executive Council of the
University in its meeting held on 14-08-2015 under the provisions of
Section 39(2) of the Himachal Pradesh University Act, 1970 and assented
to by the Hon'ble Chancellor under Section 39(3) of the aforesaid Act as
conveyed by the Chancellor's Office vide letter No. 4-36/75-GS dated
08.03.2018 is hereby notified for general information and necessary
action:-
Res. Statute Amendment Proposed Amendment
No. No.
10(1) 13(1) (iii) 1. In Statute 13(1)(iii), after Faculty shall
(5) be added, namely:-
"9. Faculty of Environment
r Development and Sustainability
Studies.
1. Institute of Integrated Himalayan
Studies: Department of
Interdisciplinary Studies (UGC Centre
of Excellence).
(i) School of Environmental Science.
(ii) School of Development Studies.
(iii) School of Liberal Arts.
The above amendment has been assented on the following
terms and conditions:-
"1. प्रस्तावित विभागों/संकायों को अधिनियम के अनुसार सृजन किये जाने के
पश्चात् वहां पर सभी अध्यापकों का चयन विश्वविद्यालय के नियमों के अनुसार ही
किया जाएगा।
2. यदि IHS में प्रस्तावित नये विषयों को पहले से ही विश्वविद्यालय के अन्य
विभागों में पढ़ाया जा रहा है तो विश्वविद्यालय इस बात को भी सुनिश्चित कर ले
कि किसी भी विषय की पुनरावृति नये संकायों के सृजन के समय न हो।"
The Ordinance is still in force and the availability of
Ph.D. course (Rural Development) in the Department of
Interdisciplinary Studies is still being reflected in the
Ordinance. The Ordinance permits admission to Ph.D.
programme in Rural Development in the Department of
Interdisciplinary Studies. There is no alive decision at
present of the Committee that was constituted on
.
08.08.2022 for stopping fresh admission process to the Ph.D.
(Rural Development) in the Department of Interdisciplinary
Studies. The Committee had already furnished its report on
18.03.2024, which was considered by the Standing
Committee. The Standing Committee of the Academic
Council of the respondent-University had taken certain
decisions on 02.05.2024 as notified on 29.05.2024, on the
recommendations of the above Committee, including the
decision that till points referred (1) and (2) in its decision are
approved by the relevant academic bodies, the fresh
admission to Ph.D. programme in both the departments shall
remain suspended. However, the Executive Council on
14.06.2024 decided not to implement the decision of the
Standing Committee. Hence, at present there is no decision
of any competent authority imposing any embargo for not
admitting the students in Ph.D. programme in the concerned
subject.
Apart from above, learned Senior Counsel for the
petitioner also pointed out that even during currency of
decision of the Committee constituted on 08.08.2022, the
respondents have made five admissions in Ph.D. (Rural
.
Development) in the Department of Interdisciplinary Studies
during the year 2022 and four admissions in Ph.D.
(Sustainable Rural Development) in the Department of Life
Long Learning during the year 2023. Reference was also
made to office communication dated 25.04.2024 (Annexure
P-5) in CWP No.3891 of 2024, addressed by the Department
Council of Department of Interdisciplinary Studies to the
Dean of Studies, Himachal Pradesh University. In terms of
this office communication, seven seats are lying vacant in
Ph.D. (Rural Development) in the Department of
Interdisciplinary Studies. As per the communication, the
seats are lying vacant for past two years.
According to the learned Senior counsel for
petitioner, petitioner in CWP No.10923 of 2023 is a Junior
Research Fellowship holder (NET qualified); In terms of her
qualification she is entitled to direct admission in Ph.D.
(Rural Development) in the Department of Interdisciplinary
Studies; Because of the decision of the respondents in not
admitting the students to the aforesaid Ph.D. programme,
she has already lost more than a year. This has also caused
mental agony & financial loss to the petitioner.
.
The petitioner in the CWP No.3891 of 2024 is
MBA in Rural Development. According to the petitioner, he is
also eligible for admission to Ph.D. (Rural Development) in
the Department of Interdisciplinary Studies through
entrance test.
Be that as it may. The question of eligibility of the
petitioners is not being adjudicated in the instant writ
petitions.
4(v)(d). There cannot be an indefinite wait for a decision
which is again subject to further deliberation/approval of
several higher bodies in hierarchy of the University. The
interests and career of students desirous of taking admission
in the concerned streams in the interregnum cannot be
brushed aside.
5. In view of the above discussion, more particularly,
in above paras 4(i) to 4(v), case has been made by the
petitioners to direct the respondent-University to act in
accordance with its Ordinances as amended vide notification
dated 24.01.2017 and 08.03.2018 and to proceed further in
the matter for initiating admission process in Ph.D. course in
Rural Development in the Department of Interdisciplinary
.
Studies. This recourse would not only be in the interests of
the students but would also be in consonance with the
ordinances of the respondent-University and would not be
contrary to any of the decisions of the respondent-University
placed on record of the case. Ordered accordingly. The
admission process in Ph.D. course in Rural Development in
the Department of Interdisciplinary Studies be started within
two weeks from today. It may also be clarified that any
decision taken by the High Powered Committee as approved
by the respondent-University be applied prospectively from
the date of final decision and will govern future admission
process to the Ph.D. course in the concerned
subjects/streams.
The writ petitions are disposed of in above terms.
Pending miscellaneous application(s), if any, are also
disposed of.
Jyotsna Rewal Dua
30 July, 2024
th
Judge
(Pardeep)
