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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Delhi High Court today quashed the decision of Jawaharlal Nehru University (JNU) to cancel the Ph.D candidature of Nazar Mohamed Mohaideen S., underscoring the importance of adhering to university ordinances and statutes.
The Court focused on the legal issue surrounding the discontinuation of a Ph.D scholar’s candidature contrary to the university’s statutes and ordinances. The core question revolved around the university’s adherence to its own regulations in assigning supervisors to Ph.D scholars.
The petitioner, a Ph.D scholar at JNU, faced issues with his supervisor, leading to a request for a change in supervision under Ordinance 6.6. The dispute escalated, resulting in the university’s decision to cancel the petitioner’s candidature, alleging non-availability of an alternative supervisor. The petitioner challenged this decision, asserting that JNU failed to follow its ordinances in managing the supervision arrangement.
The Court meticulously analyzed the university’s ordinances, particularly Ordinance 6.1 (appointment of research supervisors) and Ordinance 10 (grounds for cancellation of Ph.D candidature). It was noted that the JNU had deviated from these statutes, leading to an improper decision-making process. The Court emphasized that university practices must align with its governing rules and rejected the notion that ‘past practices’ could override explicit statutory provisions.
The Court allowed the writ petition, setting aside the impugned order dated October 4, 2023, thereby reinstating the petitioner as a Ph.D scholar. It directed JNU to assign a new supervisor within two weeks, adhering to its ordinances. The Court also conditionally permitted the petitioner to continue under the supervision of Prof. Shailja Singh, provided he maintains appropriate conduct.
Date of Decision: 15th February 2024
NAZAR MOHAMED MOHAIDEEN vs. JAWAHARLAL NEHRU UNIVERSITY AND ANR.
