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AFR

In Chambers

Case :- Case :- WRIT - C No. - 26939 of 2017

Petitioner :- Snehil Singh

Respondent :- Union Of India And 3 Ors.

Counsel for Petitioner :- Seemant Singh

Counsel for Respondent :- A.S.G.I.,Gautam Baghel,Neeraj

Tripathi,R A Akhatar,Santosh Kumar Mishra

AND

Case :- WRIT - C No. - 26808 of 2017

Petitioner :- Jaykishan Patel And 5 Ors.

Respondent :- Union Of India And 4 Ors.

Counsel for Petitioner :- Debee Shanker Pandey

Counsel for Respondent :- A.S.G.I.,Manav Chaurasia,Neeraj

Tripathi,Rijwan Ali Akhtar

Hon'ble Siddhartha Varma, J.

The petitioners, in these petitions, had taken admission on

17.8.2012 and thereafter had commenced their study of the course

of Graduation-cum-D.Phil. and had thereafter completed their

10th Semester by 25.4.2017. When instead of admitting the

petitioners to D.Phil. courses, they were being directed to take the

Combined Research Entrance Test-2017 by which they were

required to take an admission test for admission to D.Phil. course

in Globalization and Development Studies, then the present writ

petitions were filed praying that the petitioners be granted

admission in D.Phil courses in the terms of the admission which

was granted to them in the year 2012.

Learned counsel for the petitioners in both the writ

petitions have submitted that the Academic Council of the

NeutralsHitationsNoysJsD5D5L&'HLvz4D5

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University of Allahabad had introduced for the first time a course

in the name of Globalization and Development Studies and the

Council on 6.8.2011 had resolved that the Degree of Philosophy

in Globalization and Development Studies could be taken through

a programme of Bachelor/D.Phil. dual degree integrated

programme. They have submitted that it was also resolved in the

Academic Council meet on 6.8.2011 that the course would start

from the Academic Session 2012-13 and would end with the

grant of D.Phil. Thereafter the University of Allahabad also

issued various brochures and informed the public at large that the

Graduation-cum-D.Phil. programme could be pursued by

students. The petitioners in both the writ petitions applied for

admission and also after being admitted deposited their fee. They

were admitted on 17.8.2012. From time to time the Academic

Council used to assemble and decide as to in what time frame the

course would be completed and as to what would be the fee

structure etc.. The last resolution, with regard to the fee structure,

of the Academic Council of the University of Allahabad was

passed on 12.5.2015.

It is the contention of the learned counsel appearing for the

petitioners that along with the Academic Council of the

University, the University Grants Commission had also from time

to time issued notifications with regard to the manner in which

admissions to D.Phil. course had to be done by the Universities.

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The first resolution concerning the instant case was passed on

1.6.2009 and the same is being reproduced here as under :

"UGC (MINIMUM STANDARDS AND

PROCEDURE FOR AWARDS OF M.PHIL/PH.D.

DEGREE) REGULATION, 2009

New Delhi-110002, the 1st June 2009

F.1-1/2002 (PS) Exemp. -- In exercise of the powers

conferred by clause (e) & (g) of sub-section (1) of

Section 26 of University Grants Commission Act, 1956

(3 of 1956), the University Grants Commission hereby

makes the following Regulations, namely:-

Short Title, Application and Commencement:

1.These regulations may be called University

Grants Commission (Minimum Standards and Procedure

for Award of M.Phil/Ph.D. Degree) Regulations, 2009.

2.They shall apply to every University established

or incorporated by or under a Central Act, Provincial Act

or a State Act, every Institution including a constituent

or an affiliated College recognized by the Commission,

in consultation with the University concerned under

clause (1) of Section 2 of the University Grants

Commission Act, 1956, and every Institution deemed to

be a University under section 3 of the said Act.

3. They shall come into force with effect from the

date of their publication in the Gazette of India.

4.All Universities, Institutions, Deemed to be

Universities and Colleges/Institutions of National

Importance shall be eligible for conducting M.Phil. and

Ph.D. Programmes.

5.Notwithstanding anything contained in these

Regulations or any other Rule or regulation, for the time

being in force, no University, Institution, Deemed to be

University and College/Institution of National

Importance shall conduct M.Phil. and Ph.D. Programmes

through distance education mode.

ELIGIBILITY CRITERIA FOR M.PHIL./PH.D.

SUPERVISOR

6. All Universities, Institutions, Deemed to be

Universities and Colleges/Institutions of National

Importance shall lay down the criteria for the faculty to

be recognized as Research Supervisor both for M.Phil

and Ph.D. Programmes.

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7. All Universities, Institutions, Deemed to be

Universities and Colleges/Institutions of National

Importance shall lay down and decide on annual basis, a

predetermined and manageable number of M.Phil and

doctoral students depending on the number of the

available eligible Faculty Supervisors. A Supervisor

shall not have, at any given point of time, more than

Eight Ph.D. Scholars and Five M.Phil. Scholars.

8.The number of seats for M.Phil and Ph.D. shall

be decided well in advance and notified in the University

website or advertisement. All Universities, Institutions,

Deemed to be Universities and Colleges/Institutions of

National Importance shall widely advertise the number

of available seats for M.Phil/Ph.D. studies and conduct

admission on regular basis.

PROCEDURE FOR ADMISSION

9.(I) All Universities, Institutions, Deemed to be

Universities and Colleges/Institutions of National

Importance shall admit M.Phil. doctoral students through

an Entrance Test conducted at the level of individual

University, Institution, Deemed to be University and

College/Institution of National Importance. The

University may decide separate terms and conditions for

those students who qualify UGC/CSIR (JRF)

Examination/SLET/GATE/teacher fellowship holder or

have passed M.Phil Programme for Ph.D. Entrance Test.

Similar approach may be adopted in respect of Entrance

Test for M.Phil Programme.

(ii) It shall be followed by an interview to be

organized by the School/Department/

Institution/University as the case may be.

(iii) At the time of interview, doctoral candidates

are expected to discuss their research interest/area.

(iv) Only the predetermine number of students

may be admitted to M.Phil/Ph.D. programme.

10.The admission to the Ph.D. Programme would be

either directly or through M.Phil Programme.

11. While granting admission to students to

M.Phil/Ph.D. Programmes, the

Department/Institute/School will pay due attention to the

National/State Reservation Policy.

ALLOCATION OF SUPERVISOR

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12.The allocation of the supervisor for a selected

student shall be decided by the Department in a formal

manner depending on the number of students per faculty

member, the available specialization among the faculty

supervisors, and the research interest of the student as

indicated during interview by the student. The

allotment/allocation of supervisor shall not be left to the

individual student or teacher.

COURSE WORK

13.After having being admitted, each M.Phil/Ph.D.

student shall be required by the Universities, Institutions,

Deemed to be Universities and Colleges/Institutions of

National Importance, as the case may be, to undertake

course work for a minimum period of one semester. The

course work shall be treated as per M.Phil/Ph.D.

preparation and must include a course on research

methodology which may include quantitative methods of

Computer Applications. It may also involve reviewing of

published research in the relevant field. The individual

Universities, Institutions, Deemed to be Universities and

Colleges/Institutions of National Importance, as the case

may be, shall decide the minimum qualifying

requirement for allowing a student to proceed further

with the writing of the dissertation.

If found necessary, course work may be carried

out by doctoral candidates in sister

Departments/Institutes either within or outside the

University for which due credit will be given to them.

EVALUATION AND ASSESSMENT METHODS

14.Upon satisfactory completion of course work and

research methodology, which shall form part & parcel of

M.Phil/Ph.D. Programme, the M.Phil/Ph.D. Scholar shall

undertake research work and produce a draft thesis

within a reasonable time, as stipulated by the Institution

concerned.

15.Prior to submission of the thesis, the student shall

make a pre-M/Phil/Ph.D. presentation in the Department

that may be open to all faculty members and research

students, for getting feedback and comments, which may

be suitably incorporated into the draft thesis under the

advice of the supervisor.

16.Ph.D. candidates shall publish one research paper

in a referred Journal before the submission of the

thesis/monograph for adjudication, and produce evidence

for the same in the form of acceptance letter or the

reprint.

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17.The thesis produce by the M.Phil/Ph.D students in

the Institutions/Departments and submitted to the

Universities, Institutions, Deemed to be Universities and

Colleges/Institutions of National Importance concerned

to have one examiner from outside the Country.

18.On receipt of satisfactory evaluation reports,

M.Phil/Ph.D students shall undergo a viva voce

examination which shall also be openly defended.

DEPOSITORY WITH UGC

19. Following the successful completion of the

evaluation process and announcements of the award of

M.Phil/Ph.D, the University shall submit a soft copy of

the M.Phil/Ph.D. thesis to the UGC within a period of

thirty days, for hosting the same in INFLIBNET,

accessible to all Institutions/Universities.

20.Alongwith the Degree, the Degree awarding

University, Institution, Deemed to be University and

College/Institution of National Importance, as the case

may be, shall issue a Provisional Certificate certifying to

the effect that the Degree has been awarded in

accordance with the provisions to these Regulations of

the UGC."

Thereafter it was followed by a notification dated 5.5.2016

which also, since was relied upon by the learned counsel for the

petitioners, is being reproduced here as under :

MINISTRY OF HUMAN RESOURCE

DEVELOPMENT

UNIVERSITY GRANTS COMMISSION

NOTIFICATION

New Delhi, the 5th May, 2016

University Grants Commission (Minimum Standards

and Procedure for Award of M.PHIL./PH.D.

Degrees) Regulations, 2016

(In supersession of the UGC (Minimum Standards

and Procedure for Awards of M.Phil./Ph.D. Degree)

Regulation, 2009, notified in The Gazette of India

[No.28, Part III-Section 4] for the week July 11-July

17, 2009]

No.F.1-2/2009 (EC/PS)V(I) Vol.II-In Exercise of the

powers conferred by clauses (f) and (g) of sub-section

(1) of Section 26 of the University Grants Commission

Act, 1956 (3 of 1956), and in supersession of the UGC

(Minimum Standards and Procedure for Awards of

M.Phil/Ph.D. Degree) Regulation, 2009, notified in The

Gazette of India [No.28, Part III-Section 4] for the week

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July 11 - July 17, 2009, the University Grants

Commission hereby makes the following Regulations,

namely --

1.Short Title, Application and Commencement:

1.1These Regulations may be called University

Grants Commission (Minimum Standards and Procedure

for Award of M.Phil/Ph.D. Degrees) Regulations, 2016.

1.2.They shall apply to every University established

or incorporated by or under a Central Act, a Provincial

Act, or a State Act, every affiliated college, and every

Institution Deemed to be a University under Section 3 of

the UGC Act, 1956.

1.3They shall come into force from the date of their

publication in the Gazette of India.

2.Eligibility criteria for admission to the M.Phil.

programme:

2.1Candidates for admission to the M.Phil.

programme shall have a Master's degree or a

professional degree declared equivalent to the Master's

degree by the corresponding statutory regulatory body,

with at least 55% marks in aggregate or its equivalent

grade 'B' in the UGC 7-point scale (or an equivalent

grade in a point scale wherever grading system is

followed) or an equivalent degree from a foreign

educational Institution accredited by an Assessment and

Accreditation Agency which is approved, recognized or

authorized by an authority, established or incorporated

under a law in its home country or any other statutory

authority in that country for the purpose of assessing,

accrediting or assuring quality and standards of

educational institutions.

2.2.A relaxation of 5% of marks, from 55% to

50%, or an equivalent relaxation of grade, may be

allowed for those belonging to SC/ST/OBC (non-creamy

layer)/Differently-Abled and other categories of

candidates as per the decision of the Commission from

time to time, or for those who had obtained their Master's

degree prior to 19th September, 1991. The eligibility

marks of 55% (or an equivalent grade in a point scale

wherever grading system is followed) and the relaxation

of 5% to the categories mentioned above are permissible

based only on the qualifying marks without including the

grace mark procedures.

3.Eligibility criteria for admission to Ph.D.

programme:

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Subject to the conditions stipulated in these

Regulations, the following persons are eligible to seek

admission to the Ph.D. programme:

3.1Master's Degree holders satisfying the criteria

stipulated under Clause 2, above.

3.2Candidates who have cleared the M.Phil. course

work with at least 55% marks in aggregate or its

equivalent grade 'B' in the UGC 7-point scale (or an

equivalent grade in a point scale wherever grading

system is followed) and successfully completing the

M.Phil. Degree shall be eligible to proceed to do

research work leading to the Ph.D. Degree in the same

Institution in an integrated programme. A relaxation of

5% of marks, from 55% to 50%, or an equivalent

relaxation of grade, may be allowed for those belonging

to SC/ST/OBC (non-creamy layer)/differently-abled and

other categories of candidates as per the decision of the

Commission from time to time.

3.3.A person whose M.Phil dissertation has been

evaluated and the viva voce is pending may be admitted

to the Ph.D. programme of the same Institution:

3.4Candidates possessing a Degree considered

equivalent to M.Phil. Degree of an Indian Institution,

from a Foreign Educational Institution accredited by an

Assessment and Accreditation Agency which is

approved, recognized or authorized by an authority,

established or incorporated under a law in its home

country or any other statutory authority in that country

for the purpose of assessing, accrediting or assuring

quality and standards of educational institutions, shall be

eligible for admission to Ph.D. programme.

4.Duration of the Programme:

4.1M.Phil. programme shall be for a minimum

duration of two (2) consecutive semesters / one year and

a maximum of four (4) consecutive semesters / two

years.

4.2Ph.D. programme shall be for a minimum

duration of three years, including course work and a

maximum of six years.

4.3Extension beyond the above limits will be

governed by the relevant clauses as stipulated in the

Statute/Ordinance of the individual Institution

concerned.

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4.4The women candidates and Persons with

Disability (more than 40% disability) may be allowed a

relaxation of one year for M.Phil. and two years for

Ph.D. in the maximum duration. In addition, the women

candidates may be provided Maternity Leave/Child Care

Leave once in the entire duration of M.Phil/Ph.D. for

upto 240 days.

5.Procedure for admission :

5.1All 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 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. Similar approach may be

adopted in respect of Entrance Test for M.Phil.

programme.

5.2Higher 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 :

5.2.1decide on an annual basis through their

academic bodies a predetermined 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;

5.2.2notify 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.

5.2.3adhere to the National/State-level

reservation policy, as applicable.

5.3The 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

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the reservation policy of the Central/State Government

from time to time.

5.4HEIs as mentioned in Clause 1.2 shall admit

candidates by a two stage process through :

5.4.1An 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 aspect, viz. whether

5.5.1the candidate possesses the competence for

the proposed research;

5.5.2the research work can be suitably

undertaken at the Institution/College;

5.5.3the proposed area of research can

contribute to new/additional knowledge.

5.6The 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

enrollment/registration.

6. Allocation of Research Supervisor: Eligibility

criteria to be a Research Supervisor. Co-Supervisor,

Number of M.Phil./Ph.D. Scholars permissible per

Supervisor, etc.

6.1Any regular Professor of the

University/Institution Deemed to be a University/College

with at least five research publications in referred

journals and any regular Associate/Assistant Professor of

the University/institution deemed to be a

University/college with a Ph.D degree and at least two

research publications in refereed journals may be

recognized as Research Supervisor.

Provided that in areas/disciplines where there is

no or only a limited number of refereed journals, the

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Institution may relax the above condition for recognition

of a person as Research Supervisor with reasons

recorded in writing.

6.2Only a full time regular teacher of the concerned

University/Institution Deemed to be a University/College

can act as a supervisor. The external supervisors are not

allowed. However, Co-Supervisor can be allowed in

inter-disciplinary areas from other departments of the

same institute or from other related institutions with the

approval of the Research Advisory Committee.

6.3The allocation of Research Supervisor for a

selected research scholar shall be decided by the

Department concerned depending on the number of

scholars per Research Supervisor, the available

Specialization among the Supervisors and research

interests of the scholars as indicated by them at the time

of interview /viva voce.

6.4In case of topics which are of inter-disciplinary

nature where the Department concerned feels that the

expertise in the Department has to be supplemented from

outside, the Department may appoint a Research

Supervisor from the Department itself, who shall be

known as the Research Supervisor, and a Co-Supervisor

from outside the Department/ Faculty/College/Institution

on such terms and conditions as may be specified and

agreed upon by the consenting Institutions/Colleges.

6.5A Research Supervisor/Co-supervisor who is a

Professor, at any given point of time, cannot guide more

than three (3) M.Phil. and Eight (8) Ph.D. scholars. An

Associate Professor as Research Supervisor can guide up

to a maximum of two (2) M.Phil. and six (6) Ph.D.

Scholars and an Assistant Professor as Research

Supervisor can guide up to a maximum of one (1)

M.Phil. and from (4) Ph.D. scholars.

6.6 In case of relocation of an M.Phil./Ph.D. woman

scholar due to marriage or otherwise, the research data

shall be allowed to be transferred to the University to

which the scholar intends to relocate provided all the

other conditions in these regulations are followed in

letter and spirit and the research work does not pertain to

the project secured by the parent institution/supervisor

from any funding agency. The scholar will however give

due credit to the parent guide and the institution for the

part of research already done.

7. Course Work: Credit Requirements, number,

duration, syllabus, minimum standards for completion,

etc.

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7.1 The credit assigned to the M.Phil. or Ph.D. course

work shall be a minimum of 08 credits and a maximum

of 16 credits.

7.2The course work shall be treated as prerequisite

for M.Phil. / Ph.D. preparation. A minimum of four

credits shall be assigned to one or, more courses on

Research Methodology which could cover areas such as

quantitative methods, computer applications, research

ethics and review of published research in the relevant

field, training, field work, etc. Other courses shall be

advanced level courses preparing the students for

M.Phil/Ph.D. Degree.

7.3All courses prescribed for M.Phil. and Ph.D.

course work shall be in conformity with the credit hour

instructional requirement and shall specify content,

instructional and assessment methods. They shall be duly

approved by the authorized academic bodies.

7.4The department where the scholar pursues his/her

research shall prescribe the course(s) to him/her based on

the recommendations of the Research Advisory

Committee, as stipulated under sub-Clause 8.1 below, of

the research scholar.

7.5All candidates admitted to the M.Phil and Ph.D.

Programmes shall be required to complete the course

work prescribed by the Department during the initial one

or two semesters.

7.6Candidates already holding M.Phil. degree and

admitted to the Ph.D. programme, or those who have

already completed the course work in M.Phil. and have

been permitted to proceed to the Ph.D. in integrated

course, may be exempted by the Department from the

Ph.D. course work. All other candidates admitted to the

Ph.D. Programme shall be required to complete the

Ph.D. course work prescribed by the Department.

7.7Grades in the course work, including research

methodology courses shall be finalized after a combined

assessment by the Research Advisory Committee and the

Department and the Final grades shall be communicated

to the institution / College.

7.8A M.Phil/Ph.D. Scholar has to obtain a minimum

of 55% of marks or its equivalent grade in the UGC 7-

point scale (or an equivalent grade/CGPA in a point

scale wherever grading system is followed) in the course

work in order to be eligible to continue in the

programme and submit the dissertation/thesis.

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8. Research Advisory Committee and its

functions:

8.1 There shall be a Research Advisory Committee,

or an equivalent body for similar purpose as defined in

the Statutes/Ordinances of the Institution concerned, for

each M.Phil and Ph.D. scholar. The Research Supervisor

of the scholar shall be the Convener of this Committee.

This Committee shall have the following

responsibilities:-

8.1.1To review the research proposal and

finalize the topic of research;

8.1.2To guide the research scholar to develop

the study design and methodology of research and

identify the course (s) that he /she may have to do.

8.1.3To Periodically review and assist in the

progress of the research work of the research scholar.

8.2A research scholar shall appear before the

Research Advisory Committee once in six months to

make a presentation of the progress of his/her work for

evaluation and further guidance. The six monthly

progress reports shall be submitted by the Research

Advisory Committee to the Institution /College with a

copy to the research scholar.

8.3In case the progress of the research scholar is

unsatisfactory, the Research Advisory Committee shall

record the reasons for the same and suggest corrective

measures. If the research scholar fails to implement these

corrective measures, the Research Advisory Committee

may recommend to the institution /College with specific

reasons for cancellation of the registration of the

research scholar.

9. Evaluation and Assessment Methods,

minimum standards/credits for award of the degree

etc:

9.1 The overall minimum credit requirement,

including credit for the course work, for the award of

M.Phil degree shall not be less than 24 credits.

9.2 Upon satisfactory completion of course work, and

obtaining the marks/grade prescribed under clauses 7.8

above, as the case may be, the M.Phil/Ph.D. Scholar

shall be required to under ...................... and produce a

draft dissertation/thesis within a reasonable time as

stipulated by the Institution concerned based on these

Regulations.

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9.3Prior to the submission of the dissertation/thesis,

the scholar shall make a presentation in the Department

before the Research Advisory Committee of the

Institution concerned which shall also be open to all

faculty members and other research scholars. The

feedback and comments obtained from them may be

suitably incorporated into the draft dissertation/thesis in

consultation with the Research Advisory Committee.

9.4M.Phil scholars shall present at least one (1)

research paper in a conference/seminar and Ph.D.

scholars must publish at least one (1) research paper in

referred journal and make two paper presentation in

conference/seminars before the submission of the

dissertation/thesis for adjudication, and produce

evidence for the same in the form of presentation

certificates and/or reprints.

9.5The Academic Council (or its equivalent body) of

the Institution shall evolve a mechanism using well

developed software and gadgets to detect plagiarism and

other forms of academic dishonesty. While submitting

for evaluation, the dissertation/thesis shall have an

undertaking from the research scholar and a certificate

from the Research Supervisor attesting to the originality

of the work, vouching that there is no plagiarism and that

the work has not been submitted for the award of any

other degree/diploma of the same Institution where the

work was carried out, or to any other Institution.

9.6The M.Phil. dissertation submitted by a research

scholar shall be evaluated by his/her Research

Supervisor and at least one external examiner who is not

in the employment of the Institution/College. The viva-

voce examination, based among other things, on the

critiques given in the evaluation report, shall be

conducted by both of them together, and shall be open to

be attended by Members of the Research Advisory

Committee, all faculty members of the Department, other

research scholars and other interested

experts/researchers.

9.7The Ph.D. thesis submitted by a research scholar

shall be evaluated by his/her Research Supervisor and at

least two external examiners, who are not in employment

of the Institution/College, of whom one examiner may be

from outside the country. The viva-voce examination,

based among other things, on the critiques given in the

evaluation report, shall be conducted by the Research

Supervisor and at least one of the two external

examiners, and shall be open to be attended by Members

of the Research Advisory Committee, all faculty

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members of the Department, other research scholars and

other interested experts/researchers.

9.8The public viva-voce of the research scholar to

defend the dissertation/thesis shall be conducted only if

the evaluation report(s) of the external examiner(s) on

the dissertation/thesis is/are satisfactory and include a

specific recommendation for conducting the viva-voce

examination. If the evaluation report of the external

examiner in case of M.Phil dissertation, or one of the

evaluation reports of the external examiner in case of

Ph.D. thesis, is unsatisfactory and does not recommend

viva-voce, the Institution shall send the

dissertation/thesis to another external examiner out of the

approved panel of examiners and the viva-voce

examination shall be held only if the report of the latest

examiner is satisfactory. If the report of the latest

examiner is also unsatisfactory, the dissertation/thesis

shall be rejected and the research scholar shall be

declared ineligible for the award of the degree.

9.9The Institution shall develop appropriate methods

so as to complete the entire process of evaluation of

M.Phil. dissertation/Ph.D. thesis within a period of six

months from the date of submission of the

dissertation/thesis.

10.Academic, administrative and infrastructure

requirement to be fulfilled by Colleges for getting

recognition for offering M.Phil/Ph.D. programmes:

10.1Colleges may be considered eligible to offer

M.Phil/Ph.D. programmes only if they satisfy the

availability of eligible Research Supervisors, required

infrastructure and supporting administrative and research

promotion facilities as per these Regulations.

10.2Post-graduate Departments of Colleges, Research

laboratories of Government of India/State Government

with at least two Ph.D. qualified teachers/scientists/other

academic staff in the Department concerned along with

required infrastructure, supporting administrative and

research promotion facilities as per these Regulations,

stipulated under sub-clause 10.3, shall be considered

eligible to offer M.Phil/Ph.D. programmes. Colleges

should additionally have the necessary recognition by the

Institution under which they operate to offer

M.Phil/Ph.D. programme.

10.3Colleges with adequate facilities for research as

mentioned below alone shall offer M.Phil./Ph.D.

programmes:

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10.3.1In case of science and technology disciplines,

exclusive research laboratories with sophisticated

equipment as specified by the Institution concerned with

provision for adequate space per research scholar along

with computer facilities and essential software, and

uninterrupted power and water supply;

10.3.2Earmarked library resources including latest

books, Indian and International journals, e-journals,

extended working hours for all disciplines, adequate

space for research scholars in the Department/library for

reading, writing and storing study and research

materials;

10.3.3Colleges may also access the required facilities of

the neighbouring Institutions/Colleges, or of those

Institutions/Colleges/R&D laboratories/Organizations

which have the required facilities.

11.Treatment of Ph.D./M.Phil through Distance

Mode/Part-time:

11.1Notwithstanding anything contained in these

Regulations or any other Rule or Regulation, for the time

being in force, no University; Institution, Deemed to be a

University and College shall conduct M.Phil and Ph.D.

Programmes through distance education mode.

11.2Part-time Ph.D. will be allowed provided all the

conditions mentioned in the extent Ph.D. Regulations are

met.

12.Award of M.Phil./Ph.D. degrees prior to

Notification of these Regulations, or degrees awarded

by foreign Universities:

12.1Award of degrees to candidates registered for

the M.Phil./Ph.D. programme on or after July 11,

2009 till the date of Notification of these Regulations

shall be governed by the provisions of the UGC

(Minimum Standards and Procedure for Awards of

M.Phil/Ph.D. Degree) Regulation, 2009.

12.2.If the M.Phil./Ph.D. degree is awarded by a

Foreign University, the Indian Institution considering

such a degree shall refer the issue to a Standing

Committee constituted by the concerned institution for

the purpose of determining the equivalence of the degree

awarded by the foreign University.

13.Depository with INFLIBNET:

17

13.1Following the successful completion of the

evaluation process and before the announcement of the

award of the M.Phil/Ph.D. degree(s), the Institution

concerned shall submit an electronic copy of the M.Phil

dissertation/Ph.D. thesis to the INFLIBNET, for hosting

the same so as to make it accessible to all

Institutions/Colleges.

13.2Prior to the actual award of the degree, the

degree-awarding Institution shall issue a provisional

Certificate to the effect that the Degree has been awarded

in accordance with the provisions of these UGC

Regulations, 2016."

Learned counsel for the petitioners also stressed on the fact

that the University, upon being made aware of the various

notifications of the University Grants Commission, had from time

to time passed various resolutions. On 9.10.2016, the Centre for

Globalization and Development Studies, University of Allahabad

met under the Chairmanship of the Programme Committee

Professor V.P. Singh and had resolved that such students who had

been enrolled prior to the commencement of the programme

which was subsequently being changed in the year 2016-17

would be eligible to continue with D.Phil. programme as per the

provisions which were existing prior to the commencement of the

programme of 2016-17. The resolution of the Programme

Committee dated 9-10 February 2016 was placed before the Vice-

Chancellor who, on 24.2.2016, approved the same. The resolution

dated 9-10 February 2016 which was approved by the Vice-

Chancellor is being reproduced here as under :-

"Centre for Globalization and Development Studies

University of Allahabad

Allahabad

18

Minutes of the Meeting of the Programme Committee

held on February 9-10, 2016 at 11.00 am.

Members Present:

1.Prof. Ravindra Dhar

2.Prof. Rajesh Misra

3.Prof. Parvez A. Abbasi

4.Prof. Sanjeev Bhadoria

5.Dr. Subhash Shukla

6.Dr. Pradeep K. Sharma

7.Mr. Sumit Saurabh Srivastava

8.Prof. V.P. Singh (Chairman)

Agenda Item no.1 To review Bachelor cum D.Phil

(Integrated) programme.

The matter was discussed intesively. Prof. V.P. Singh

shared experience of this programme and said that in-

take of this programme was relatively better and had

immense protential for improvement. Therefore, the

programme should remain in force with provisions of

lateral entry after the completion of the six semesters

(Bachelor degree).

The following resolutions were adopted unanimously.

Resolution No.1. The D.Phil. Component of the existing

Bachelor-cum-D.Phil. programme has been delinked and

henceforth it will remain only five years integrated

programme with Bachelor and Master Degrees.

Resolution No.2. It was resolved that programme will

have a provision of the lateral entry after three years.

Those students who have obtained 6.0 CGPA in case of

General and OBC category and 5.5. CGPA in case of SC

and ST shall be automatically enrolled in the Master in

Development Studies Programme. Remaining vacant

seats shall be filled-in through the AU PGAT.

Resolution No.3. Eligibility criteria for the remaining

seats have been determined as follows: and it was

asserted that these criteria should be adhered to strictly.

Eligibility : Minimum 50% marks or equivalent grade in

High School and Higher Secondary/Intermediate and

55% or equivalent grade in Bachelor of Social

Work/B.Com./B.A. in Economics/B.Sc. (Ag.)/Bachelor

in Development Studies/Globalization and Development

Studies/Bachelor in Business Administration/

Management/Bachelor degree in Rural

Development/Bachelor of Planning from a recognized

University and minimum 50% score in PGAT.

19

Resolution No.4. The programme has been re-

nomenclatured as Bachelor-Master (Integrated)

Programme in Globalization and Development Studies

as per the Gazette notification of the UGC in this regard.

After three years the student will be awarded Bachelor in

Globalization and Development Studies degree and on

successful completion of five years he/she will be

awarded the Master in Development Studies degree.

Resolution No.5. Those who are already enrolled

prior to the commencement of this programme (2016-

17) shall be eligible to up-grade in D.Phil.

Programme as per existing provisions.

Agenda Item No.2. To review the Master in

Development Studies Programme.

The following resolution was adopted unanimously.

Resolution No.6. It was resolved that since there is

already an integrated programme with Master degree

component having lateral entry after three years, Two

Years Master in Development Studies, be dropped from

the academic session 2016-17.

Other items on the agenda were deferred for the next

meeting."

Learned counsel for the petitioners relying upon the

various notifications of the University Grants Commission and

the resolution of the Programme Committee of the Centre for

Globalization and Development Studies submitted that as per the

Regulations of 2009 of the University Grants Commission there

was no provision for taking separate admissions for the courses of

graduation, post-graduation and D.Phil. and, therefore, the

University correctly commenced with the admission to the

Bachelor-cum-D.Phil. dual degree course. Learned counsel for

the petitioners further relying upon the notification dated

5.5.2016 (which was published on a later date in the Gazette of

20

India) submitted that Clause 12 of the notification very clearly

stated that such candidates who were registered for D.Phil.

programme on or after 11.7.2009 and till the date of the

notification of 2016 would be governed by the provisions of 2009

Regulations. Learned counsel for the petitioners further relied

upon the minutes of the meeting of the Programme Committee of

the Centre for Globalization and Development Studies,

University of Allahabad dated 9/12 February 2016 and stated that

if Resolution 5 of it was perused, it would become crystal clear

that those who had enrolled prior to the commencement of the

Programme of 2016-17 would be eligible to get upgraded in the

D.Phil Programme as per the provisions which were in existence

prior to the commencement of the Programme of 2016-17 and,

therefore, learned counsel for the petitioners submitted that when

the entrance examination was being conducted in the year 2017

then the petitioners were not expected to get admission in the

D.Phil course through any entrance examination. Learned counsel

for the petitioners submitted that when the petitioners had taken

admission in the Graduation-cum-D.Phil. Dual Degree

Programme in Globalization and Development Studies

(integrated programme) then it was taken as granted that as and

when they got the requisite marks in a particular semester, they

would be promoted to the next semester. Accordingly, they

presumed that they would be promoted from Graduation to Post-

Graduation classes and thereafter they would be deemed to be

21

admitted to D.Phil. classes; provided they got the Cumulative

Grade Point average of 6 or more points. Learned counsel for the

petitioners submitted that when the petitioners obtained more

than 6 points in the Cumulative Grade Point average then the

respondent-University had no other option but to admit them to

D.Phil course. Learned counsel, therefore, submitted that there

was absolutely nothing which could suggest that the petitioners

were not entitled for the admission in the D.Phil course without

any entrance examination. Learned counsel for the petitioners

further submitted that mere admission in the D.Phil. course did

not mean that they would get their degrees automatically. They

would be evaluated by the University and only thereafter the

degrees would be awarded to them and, therefore, it could not be

stated that if the petitioners, after obtaining their post-graduation

degrees, took admission in the D.Phil. courses then they would in

any manner be sub-standard students.

Learned counsel appearing for the University, however,

submitted that even though the petitioners were admitted as per

the resolution of the Academic Council and as per the

advertisement etc. issued by the University, the University had to

give admission in the D.Phil course only by means of an entrance

examination. This he submitted was only for the benefit of the

students as in the notification of the University Grants

Commission of the year 2016 it had been provided that if

admissions were done in contravention of the notifications issued

22

by the University Grants Commission then the degrees would not

be recognized. He further submitted that the U.G.C. notification

of 1.6.2009 was, though not prohibiting the Universities from

coming up with integrated courses, has not very clearly stated that

what would be the procedure.

Learned counsel appearing for the University Grants

Commission also submitted that the University was bound by the

notifications of the University Grants Commission and, therefore,

it could not digress from the notifications issued by the

University Grants Commission.

Having heard learned counsel for the petitioners, learned

counsel appearing for the University and the learned counsel

appearing for the University Grants Commission, I am convinced

that the University and the University Grants Commission both

were bound by their initial actions. In the year 2009, the

University Grants Commission had given the University the

freedom to admit students to D.Phil courses in the manner they

would decide. When in the year 2011 the University of

Allahabad, in the Department of Globalization and Development

Studies, had decided to take students in the integrated course of

Graduation and D.Phil. then they did not commit anything wrong.

When the University Grants Commission came up with certain

directions that the D.Phil admissions had to be done after an

entrance examination then the University had issued a

notification on 9/10 February 2016 and by means of Resolution

23

No.5 it had provided that such students who had been enrolled

prior to the commencement of the Programme of 2016-17 would

be eligible to get themselves upgraded to the D.Phil course as per

the provisions which were in existence before the commencement

of the 2016-17 programme. In fact the University Grants

Commission also by its notification dated 5.5.2016 had very

categorically in clause 12.1 stated that degrees to the candidates

registered on or after 11 July 2009 but prior to the issuance of the

notification dated 5.5.2016 would be governed by the provisions

of the University Grants Commission Resolution of the year

2009. I, therefore, hold that when the petitioners had obtained

their admissions in the year 2012 in accordance with the

Rules/Regulations/Notifications of the University and also of the

University Grants Commission, then there was nothing illegal in

the admission. The University and the University Grants

Commission both were bound by their Resolutions and

Notifications. In fact they were estopped from digressing from

their earlier stands. The petitioners had taken admission on the

promise of the University that they would be allowed to continue

with their D.Phil courses after they had got the requisite number

of Cumulative Grade Points Average which had to be more than 6

and, therefore, the University was bound to give admission as per

their notification dated 6.8.2011 which was never in effect

rescinded or superseded. The University Grants Commission also

by its notification dated 5.5.2016 (specially Clause 12.1) had very

24

categorically stated that such candidates who were registered for

programmes on or after 11.7.2009 but before the notification of

5.5.2016 would continue to be governed by the provisions of the

2009 Regulations.

Under such circumstances, the petitioners would be entitled

for admission to the D.Phil courses. The petitioners may now be

admitted in the course forthwith.

The writ petitions are, accordingly, allowed.

Order Date :- 05.05.2020

GS

(Siddhartha Varma, J.)