Pankaj Kumar Singh vs The Lalit Narayan Mithila ...
2023 Latest Caselaw 921 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6548 of 2019
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1. Pankaj Kumar Singh Son of late Rabindra Kumar, Resident of Mohalla - Raj Tank, Laxmipur, Police Station - Laheriya Sarai, District - Darbhanga.

2. Md. Fazle Karim Son of Md. Fasahat Hussain, Resident of Village - P.O. -

Banauli, P.S. - Bharathi, District - Darbhanga.

3. Md. Razi Haider Uajala Son of Md. Naseem, Resident of Village-

Bandhpura, P.S. - Katra, District - Muzaffarpur.

4. Md. Naseem, Son of Md. Aslam, Resident of Village - Urdu Bazar, P.S. -

Laheriya Sarai, District - Darbhanga.

5. Manjit Kumar Son of Sri Jitendra Kumar Singh, Resident of Mohalla -

Khaja Sarai, P.S. - Laheria Sarai, District - Darbhanga.

6. Binod Prasad Son of Late Mishrilal Prasad, Resident of Village - P.O. -P.S. -

Manigachhi, District - Darbhanga.

... ... Petitioner/s Versus

1. The Lalit Narayan Mithila University Darbhanga through its Registrar

2. The Vice- Chancellor of the Lalit Narayan Mithila University, Darbhanga.

3. The Registrar of the Lalit Narayan Mithila University, Darbhanga.

4. The Examination Controller of the Lalit Narayan Mithila University, Darbhanga.

5. The Dean and Head of the Department of Faculty of Commerce of Lalit Narayan Mithila University, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Singh, Advocate Mr. Nawal Kishor Singh, Advocate For the Respondent/s : Mr. Md. Nadim Seraj, Advocate Mr. Iqbal Asif Niazi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 24-02-2023

The petitioners had been registered as a Research

Scholar in the year 2006 to 2011, however, he could not even

complete his research work thereafter up to the period of seven Patna High Court CWJC No.6548 of 2019 dt.24-02-2023

years from the date of his registration. On 30 th of March, 2017

(Annexure-2), the respondent issued a notification asking the

erstwhile research scholars, who have completed seven years of

period for research, to resubmit application for re-registration.

Learned counsel for the petitioners submits that in

terms of the notice issued by the Vice-Chancellor dated 30 th of

March, 2017, the petitioners also applied for re-registration and

Ph.D. extension, but the respondents have not granted him

extension.

Learned counsel for the respondents submits that the

extension was required to be given to the petitioners, but since

his Supervisor had died, therefore there was a delay in

extension process. The respondents have filed their reply stating

therein that the issue with regard to re-registration was placed

before the Academic Council on 22nd April, 2018 for its

approval. The Academic Council has, however, decided that the

Scholars, who have exhausted seven years, cannot be re-

registered and the requisite fees deposited by them, should be

returned back and in view of the decision of the Academic

Council, the petitioners cannot be re-registered.

Considering the submissions made by the parties, this

Court finds that the petitioners were registered as Ph.D.

Patna High Court CWJC No.6548 of 2019 dt.24-02-2023

Scholars initially in various years from 2008 to 2011.

Admittedly, they were not registered in terms of the University

Grants Commission (Minimum Standard and Procedure for

award of M. Phil./Ph.D. Degree) Regulations, 2009. The

normal period for completing the Ph.D. course was four years,

which could be extended up to seven years. The petitioners,

however, could not submit their thesis even within the extended

period of three years. Thus, even after completion of seven

years, the thesis has not been submitted. The Academic Council

has taken a decision not to allow such candidates for re-

registration. The said decision is an exclusive domain of the

Academic Council. This Court would not interfere in the issues

of Academics and the best judge to decide the period is the

Academic Council of the University.

In view thereof, no interference is warranted.

As such, the present writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Amrendra/-

AFR/NAFR CAV DATE Uploading Date 25.02.2023 Transmission Date