Shiny Raj R vs Cochin University Of Science And ...
2021 Latest Caselaw 19563 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE AMIT RAWAL
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021/26TH BHADRA, 1943
                      W.P.(C)NO.16840 OF 2021


     PETITIONER:

             SHINY RAJ R, AGED 32 YEARS,
             W/O.ANAND P.BABU, T C 27/287, PUNNEKKATT,
             AKASH LANE, VANCHIYOOR P.O.,
             TRIVANDRUM 695 035.

             BY ADVS.
             SRI.N.RAGHURAJ
             SRI.K.R.RAJEEV KRISHNAN
             SMT.SAYUJYA


     RESPONDENTS:

      1      COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
             COCHIN UNIVERSITY P.O., KOCHI, KERALA 682 022,
             REP.BY ITS REGISTRAR.
      2      THE REGISTRAR,
             COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
             COCHIN UNIVERSITY P.O., KOCHI, KERALA 682 022
      3      NATIONAL CENTRE FOR EARTH SCIENCE STUDIES,
             ULLOOR, AKKULAM ROAD, THIRUVANANTHAPURAM,
             KERALA 695 011
      4      THE DIRECTOR,
             NATIONAL CENTRE FOR EARTH SCIENCE STUDIES,
             ULLOOR, AKKULAM ROAD, THIRUVANANTHAPURAM,
             KERALA 695 011

             BY ADV SHRI.VIPIN D.G., SC,
             COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    17.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.16840 of 2021

                                     2




                                JUDGMENT

The petitioner is a post graduate degree holder

with Junior Research Fellowship qualification in

Chemical Science. On 3rd of June 2017, as evident

from Ext.P3, was registered for Ph.D degree, which

was valid for 29th June, 2023. 3rd respondent National

Centre for Earth Science Studies, Ulloor, Akkulam

Road, Thiruvananthapuram financially supported the

petitioner for payment of fees for the year 2017-18

dated 24.09.2018 Ext.P1; 2018-19 Ext.P1(a); and

2019-20 Ext.P1(b). Research began with effect from

30.06.2017, but due to ill-health, was forced to

take a medical leave for her treatment till January

2018 as evident from the medical certificate dated

19.01.2018 Ext.P4. During that period the petitioner

was unable to remit the semester fees for December

2017 to the 1st respondent/ university.

2. The counsel appearing on behalf of the

petitioner submitted that the Ph.D Regulation-2010 W.P.(C) No.16840 of 2021

envisage existence of a Research Committee and

Doctoral Committee (RC) in the University; where the

Research Committee decides upon the number of

research students who can be admitted during the

next academic year and also reviews the progress of

the research work of the registered research

students and the Doctoral Committee monitors the

progress of each student. The Doctoral Committee

examined the issue of re-admission/re-registration

of the petitioner in the University on 10.7.2018 and

approved the same considering her health issues as

evident from the minutes of the meeting held on

10.07.2018Ext.P7. While doing so, had also taken

into consideration the recommendation of the

Doctoral Committee with regard to the research work.

Accordingly semester fees due from December 2017-18

was allowed to be remitted by the University as

evident from Ext.P9 dated 22.1.2019. All subsequent

semester fees were deposited. However, the

petitioner during the aforementioned period was W.P.(C) No.16840 of 2021

impregnated and accordingly her application for

sanctioning of Maternity Leave was accepted for a

period of 180 days with effect from 01.07.2019

Ext.P11. As per the proceedings of Doctoral

Committee dated 11.07.2019, the course work of the

petitioner was extended for a period of six months.

In the meeting held by the Research Committee on

11.11.2019, the progress of the work was examined

and extension was also approved, as evident from

Ext.P13.

3. Pursuant to Exts.P12 and P13, petitioner

acquired a knowledge that the 3rd respondent has

submitted a communication dated 10.1.2020 to the

respondent university for extension of the period of

course work of the petitioner. But the 1 st respondent

university rejected the said request vide letter

dated 20.3.2020 in a communication to the 3rd

respondent indicating that extension of the course

work could be processed only after rectifying the

defects Ext.P14. The petitioner did not have the W.P.(C) No.16840 of 2021

knowledge or information about the aforementioned

communication Ext.P14. However, the Assistant

Registrar of the 1st respondent/university sent an e-

mail, pointing out the format for applying for re-

registration, Ext.P15. Therefore, she applied for

re-registration. Since the 1st respondent did not

consider the request for extension of the course

work, a representation dated 7.7.2020 Ext.P16 was

submitted. Her Supervising Guide also made a request

in writing dated 20.11.2020 to the Vice Chancellor

of the 1st respondent University to consider the re-

registration of the petitioner. However, as per the

communication Ext.P18 dated 6.2.2021 without

affording any opportunity for examining the

documents, the re-registration has been rejected.

Vide Ext.P19 dated 26.3.2021, a representation has

been submitted to the University seeking re-

registration or in the alternative to allow the

petitioner to obtain an NOC certificate so as to

enable her to complete the rest of her research work W.P.(C) No.16840 of 2021

at the University of Kerala, which was also

declined vide communication dated 27.4.2021,

Ext.P20.

4. It was next contended that both the orders

lack the compliance of principles of natural

justice, much less hyper technicalities have been

taken into consideration without considering the

human approach, particularly, the circumstances that

the petitioner was not willfully absent but for the

reasons mentioned in the representation. Even the

Research Committee or the Doctoral Committee also

recommended for extension. Once the university had

previously accorded sanction for extension of the

period, there was no ground for rejecting the same.

5. Sri.Vipin D.G, Standing counsel for Cochin

University of Science and Technology takes notice

for respondents 1 and 2. It is submitted that, it

is the 2nd time the petitioner failed to remit the

fees and on that account only the re-registration

has been rejected. The petitioner is a habitual W.P.(C) No.16840 of 2021

defaulter.

6. Heard counsel for the parties and appraised

the paper books.

7. Ext.P19 is the receipt for the month of July

2020 and December 2020. It is contended that the

fees for the course is deposited twice in a year.

The previous sanction of the university as indicated

above, when the petitioner remained ill was backed

by a certificate. It is testimony that the

university is empowered to sanction re-registration

of the course. It is also not denied that the

petitioner was granted a Maternity Leave of 180 days

in the month of July, 2019, which was approved by

the Research and Doctoral committee as evident from

Exts.P12 and P13 respectively.

8. The respondent university ought to have

granted an opportunity of hearing/examined the

documents which the petitioner intended to lay

reliance in support of her contentions in the W.P.(C) No.16840 of 2021

representation for payment of Ph.D fees. Thus the

orders lack compliance of the principles of natural

justice. For the sake of brevity, the relevant

portion of order impugned Ext.P18 is extracted

herein below.

"Smt.Shiny Raj.R, Full-time Research Scholar, National Centre for Earth Science Studies, Aakkulam, Trivandrum-595 011, vide paper read as (1) above, has requested for re- registration to Ph.D programme due to default in semester fees and extension of the period for completion of course work. The request of the candidate has been recommended by the Research Supervisor, Doctoral Committee and the Departmental Research Committee.

The Academic Council at its meeting held on 06.11.2020, vide Minutes item read is paper (2) above, considered along with the recommendations of the Standing Committee, the request of Smt.Shiny Raj.R, Full-time Research Scholar, NCESS for re-registration to Ph.D Course and granting extension of the period for completion of course work.

The Academic Council resolved to decline

(i) re-registration to Ph.D programme in respect of Smt.Shiny Raj.R, due to default in remittance of semester fees and (ii) extension of period for the completion of course work.

Orders are issued accordingly, communicating the resolution of the Academic council".

Even the request for issuance of No Objection

Certificate to complete the rest of her work at the W.P.(C) No.16840 of 2021

University of Kerala has also been declined by 2020.

I am of the view that, the university ought not have

adopted stigmatic attitude rejecting the

representation of the petitioner as initiated above.

Accordingly, Ext.P18 is quashed and the writ

petition is allowed and the matter is remitted back

to the University to consider the representation of

the petitioner for extension, keeping in view

Exts.P12 and P13 and series of Ext.P9 as to whether

the fees was remitted or not. After examination take

a call for the extension of the Ph.D course, as the

the research work is in the final stage. Let this

exercise be undertaken within a period of 30 days

from the date of receipt of a certified copy of this

judgment.

Sd/-

AMIT RAWAL ss JUDGE W.P.(C) No.16840 of 2021

APPENDIX OF WP(C) 16840/2021

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE RECEIPT FOR ONLINE PAYMENT OF ACADEMIC SUPPORT FEE FOR THE YEAR 2017-18 DT. 24.9.2018 Exhibit P1(A) TRUE COPY OF THE ACADEMIC SUPPORT FEE FOR THE YEAR 2018-19 OF THE PETITIONER DT. 26.2.2019 Exhibit P1(B) TRUE COPY OF THE ACADEMIC SUPPORT FEE FOR THE YEAR 2019-20 OF THE PETITIONER DT. 3.12.2019 Exhibit P2 TRUE COPY OF THE FEE RECEIPT ISSUED BY 1ST RESPONDENT TO THE PETITIONER FOR PH.D ADMISSION DT. 30.6.2017.

Exhibit P2(A) TRUE COPY OF THE FEE RECEIPT ISSUED BY 1ST RESPONDENT TO THE PETITIONER FOR MATRICULATION DT. 30.6.2017 Exhibit P3 TRUE COPY OF THE LETTER DT. 24.10.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER WITH RESPECT TO THE REGISTRATION OF RESEARCH FOR PH.D. DEGREE PH.D.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DT.

19.1.2018 Exhibit P5 TRUE COPY OF NOTIFICATION FOR PH.D DEGREE REGULATION 2010 DT. 4.8.2011 Exhibit P6 A TRUE PHOTOCOPY OF THE MINUTES OF MEETING OF DOCTORAL COMMITTEE DT. 26.5.2018 AT 3.30.PM.

Exhibit P7 A TRUE COPY OF THE MINUTES OF MEETING OF DOCTORAL COMMITTEE DT. 10.7.2018 AT 3.30.PM.

Exhibit P8 A TRUE COPY OF THE MINUTES OF THE MEETING OF RESEARCH COMMITTEE DT. 5.11.2018 AT 11.00 AM.

Exhibit P9 TRUE COPY OF THE PH.D SEMESTER FEES FOR THE YEAR 2017-2018 AND RE-ADMISSION FEES ALONG WITH FINE DT. 22.1.2019 Exhibit P9(A) TRUE COPY OF THE PH.D SEMESTER FEES FOR JUNE 2019 DT. 6.6.2019 Exhibit P9(B) TRUE COPY OF THE PH.D SEMESTER FEES FOR DECEMBER 2019 ALONG WITH FINE DT.

W.P.(C) No.16840 of 2021

28.12.2019 Exhibit P9(C) TRUE COPY OF THE SCREENSHOT OF ONLINE PAYMENT FOR PH.D SEMESTER FEES FOR JUNE 2020 DT. 4.7.2020 Exhibit P9(D) TRUE COPY OF THE SCREENSHOT OF ONLINE PAYMENT FOR PH.D SEMESTER FEES FOR DECEMBER 2020 Exhibit P10 TRUE COPY OF THE EXAM SCHEDULE NOTE FOR PH.D QUALIFYING EXAMINATION (PAPER I AND II) OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT DT. 3.5.2019 Exhibit P11 TRUE COPY OF THE OFFICE ORDER DT.

                   26.6.2019     OF     THE    3RD     RESPONDENT
                   SANCTIONING    MATERNITY     LEAVE    TO   THE
                   PETITIONER
Exhibit P12        TRUE COPY OF THE MINUTES OF MEETING OF

DOCTORAL COMMITTEE DT. 11.7.2019 AT 3 PM OF THE 3RD RESPONDENT RECOMMENDING EXTENSION OF COURSE WORK OF THE PETITIONER.

Exhibit P13 TRUE COPY OF THE MINUTES OF MEETING OF THE RESEARCH COMMITTEE DATED 11.11.2019 AT 10.30 AM.

Exhibit P14 TRUE COPY OF THE LETTER DT. 20.3.2020 OF THE 1ST RESPONDENT.

Exhibit P15 TRUE COPY OF THE SCREENSHOT OF THE SAID EMAIL FROM THE ASST. REGISTRAR OF THE 1ST RESPONDENT DT. 25.6.2020 Exhibit P16 TRUE COPY OF THE REPRESENTATION DT.

7.7.2020 BEFORE THE ASST. REGISTRAR, ACADEMIC SECTION OF THE 1ST RESPONDENT. Exhibit P17 TRUE COPY OF SAID REPRESENTATION DT.

20.11.2020 SENT BY THE SUPERVISING GUIDE OF THE PETITIONER TO THE VICE CHANCELLOR OF THE 1ST RESPONDENT UNIVERSITY. Exhibit P18 TRUE COPY OF THE ORDER DT. 6.2.2021 PASSED BY THE 1ST RESPONDENT UNIVERSITY. Exhibit P19 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DT. 26.3.2021 Exhibit P20 TRUE COPY OF THE LETTER DT.27.4.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.