# Snehil Singh v. Union of India & Ors

- **Citation:** (2020) 6 ILRA 271
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-05-05
- **Case number:** Writ-C No. 26939 of 2017
- **Bench:** Siddhartha Varma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/snehil-singh-v-union-of-india-ors-45812
- **Pages:** 16

## Headnote

272 INDIAN LAW REPORTS ALLAHABAD SERIES
A.S.G.I., Sri Gautam Baghel, Sri Neeraj
Tripathi, Sri R.A. Akhtar, Sri Santosh Kumar
Mishra

A. Civil Law - University and the University
Grants
Commission
bound
by
their
Resolutions
and
Notifications
-
UGC
(MINIMUM STANDARDS AND PROCEDURE
FOR AWARDS OF M.PHIL/PH.D. DEGREE)
REGULATION, 2009 - University Grants
Commission (Minimum Standards and Procedure
for
Award
of
M.PHIL./PH.D.
Degrees)
Regulations, 2016 - petitioners taken admission
on the promise of the University - 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 - University bound to give
admission as per their notification - never
rescinded or superseded - University Grants
Commission by its notification (specially Clause
12.1) - candidates registered for programmes
on or after 11.7.2009 but before the
notification of 5.5.2016 - continue to be
governed by the provisions of the 2009
Regulations. (Para-9)

Petitioners taken admission on 17.8.2012 -
commenced their study of the course of
Graduation-cum-D.Phil. - completed their 10th
Semester by 25.4.2017. - 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 - petitioners praying to
grant admission in D.Phil courses in the terms of
the admission which was granted to them in the
year 2012.(Para-1)

HELD:- 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
-
petitioners would be entitled for admission to
the D.Phil courses. (Para-9,10)

Petition allowed.(E-7)

List of Cases Cited:-

## Text

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6 All. Snehil Singh Vs. Union of India & Ors.
271
thing, the same can not be done and
even if accepted, the person is not
debarred from disputing the demand
subsequently.

29. It is settled legal proposition that
conferment of jurisdiction is a legislative
function and no authority under law can
derive jurisdiction otherwise than from the
Statues. It can neither be conferred with the
consent of the parties or by any order of the
Court, may be a superior Court. Thus, if
any order is passed without jurisdiction it
would be a nullity and its validity can be
challenged at any stage. In such a situation,
the doctrine of waiver or acquiescence are
at times not allowed to prevail as it would
perpetuate and perpetrate defeat of the
legislative intent.

30. As stated earlier that any order
which is patently without jurisdiction is a
nullity in the eyes of law and its validity
can be challenged at any stage. Thus, as the
demands aforesaid are ex-facie without
jurisdiction, the petitioners or the members
of the petitioner Society are not precluded
from challenging the same even if they may
have acquiesced to the said demand earlier.

31. Moreover, waiver is in the nature
of an agreement where the party accepts
not to assert his rights. The waiver,
therefore, is an intentional relinquishment
of a right and involves a conscience
decision to forgo a legal right, benefit or
privilege and, as such, can not be
ascertained by mere conduct of the party
unless the intention to abandon the right is
proved.

32. It is also tirite to mention that
inaction in every case does not lead to an
inference
or
implicate
consent
or
acquiescence. It is also well recognized in
law, when consideration of public interest
are involved, there may be no estopple.

33. The doctrine of estopple by
acquiescence is not permissible to be invoked to
render a transaction valid even if it is otherwise
not valid under the Statutes.2

34. In view of the aforesaid facts and
circumstances, we find no force in the
submission of Sri Chaturvedi in regard to
estopple by acquiescence.

35. Accordingly, the demands of external
development fee under the head elevated road
and metro station; fee for the increased F.A.R
from 1.5 to 2.5; and security for rain water
harvesting are held to be illegal and without
jurisdiction. The said demands are hereby
quashed in so far as they relate to the members
of the petitioner Society.

36. The writ petition stands allowed to the
above extent with no order as to costs.
----------

(2020)06ILR A271
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 05.05.2020

BEFORE

THE HON'BLE SIDDHARTHA VARMA, J.

Writ-C No. 26939 of 2017
&
Writ-C No. 26808 of 2017

Snehil Singh ...Petitioner
Versus
Union of India & Ors. ...Respondents

Counsel for the Petitioner:
Sri Seemant Singh

Counsel for the Respondents:
272 INDIAN LAW REPORTS ALLAHABAD SERIES
A.S.G.I., Sri Gautam Baghel, Sri Neeraj
Tripathi, Sri R.A. Akhtar, Sri Santosh Kumar
Mishra

A. Civil Law - University and the University
Grants
Commission
bound
by
their
Resolutions
and
Notifications
-
UGC
(MINIMUM STANDARDS AND PROCEDURE
FOR AWARDS OF M.PHIL/PH.D. DEGREE)
REGULATION, 2009 - University Grants
Commission (Minimum Standards and Procedure
for
Award
of
M.PHIL./PH.D.
Degrees)
Regulations, 2016 - petitioners taken admission
on the promise of the University - 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 - University bound to give
admission as per their notification - never
rescinded or superseded - University Grants
Commission by its notification (specially Clause
12.1) - candidates registered for programmes
on or after 11.7.2009 but before the
notification of 5.5.2016 - continue to be
governed by the provisions of the 2009
Regulations. (Para-9)

Petitioners taken admission on 17.8.2012 -
commenced their study of the course of
Graduation-cum-D.Phil. - completed their 10th
Semester by 25.4.2017. - 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 - petitioners praying to
grant admission in D.Phil courses in the terms of
the admission which was granted to them in the
year 2012.(Para-1)

HELD:- 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
-
petitioners would be entitled for admission to
the D.Phil courses. (Para-9,10)

Petition allowed.(E-7)

List of Cases Cited:-

(Delivered by Hon'ble Siddhartha Varma, J.)

1. 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.

2.

Learned
counsel
for
the
petitioners in both the writ petitions have
submitted that the Academic Council of
the
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-cumD.Phil. programme could be pursued by
6 All. Snehil Singh Vs. Union of India & Ors.
273
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.

3. 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.
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.

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
274 INDIAN LAW REPORTS ALLAHABAD SERIES
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

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.
6 All. Snehil Singh Vs. Union of India & Ors.
275

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 preM/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.

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."

4. 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 July 11 -
July 17, 2009, the University Grants
Commission hereby makes the following
Regulations, namely --
276 INDIAN LAW REPORTS ALLAHABAD SERIES

1. Short Title, Application and
Commencement:

1.1 These 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.

1.3 They 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:

2.1 Candidates 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 7point 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 (noncreamy 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:

Subject
to
the
conditions
stipulated
in
these
Regulations,
the
following persons are eligible to seek
admission to the Ph.D. programme:

3.1
Master's
Degree
holders
satisfying the criteria stipulated under
Clause 2, above.

3.2 Candidates 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 (noncreamy 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:

3.4
Candidates
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
6 All. Snehil Singh Vs. Union of India & Ors.
277
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:

4.1 M.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.

4.2 Ph.D. programme shall be for
a minimum duration of three years,
including course work and a maximum of
six years.

4.3 Extension beyond the above
limits will be governed by the relevant
clauses
as
stipulated
in
the
Statute/Ordinance
of
the
individual
Institution concerned.

4.4 The 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 :

5.1
All
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)/UGCCSIR
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.

5.2
Higher
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 :

5.2.1 decide 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 scholarteacher ratio (as indicated in Para 6.5),
laboratory, library and such other facilities;

5.2.2 notify 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.

5.2.3
adhere
to
the
National/State-level reservation policy, as
applicable.

5.3 The 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 the reservation policy of the
Central/State Government from time to
time.

5.4 HEIs as mentioned in Clause
1.2 shall admit candidates by a two stage
process through :

5.4.1 An Entrance Test shall be
qualifying with qualifying marks as 50%.
278 INDIAN LAW REPORTS ALLAHABAD SERIES
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

5.5.1 the candidate possesses the
competence for the proposed research;

5.5.2 the research work can be
suitably
undertaken
at
the
Institution/College;

5.5.3
the
proposed
area
of
research can contribute to new/additional
knowledge.

5.6 The 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/cosupervisor, 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.

6.1 Any 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 Institution may
relax the above condition for recognition of
a person as Research Supervisor with
reasons recorded in writing.

6.2 Only 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.

6.3 The 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.

6.4 In 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.

6.5 A Research Supervisor/Cosupervisor 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
6 All. Snehil Singh Vs. Union of India & Ors.
279
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.

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.

7.2 The 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.

7.3 All 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.

7.4 The 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.

7.5 All 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.

7.6 Candidates 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.

7.7 Grades 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.

7.8 A 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.

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:-
280 INDIAN LAW REPORTS ALLAHABAD SERIES

8.1.1 To review the research
proposal and finalize the topic of research;

8.1.2 To 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.

8.1.3 To Periodically review and
assist in the progress of the research work
of the research scholar.

8.2 A 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.

8.3 In 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.

9.3 Prior 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.

9.4 M.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.

9.5 The 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.

9.6
The
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
6 All. Snehil Singh Vs. Union of India & Ors.
281
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.

9.7 The 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 members of the
Department, other research scholars and
other interested experts/researchers.

9.8 The 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 vivavoce 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.

9.9 The 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:

10.1
Colleges
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.

10.2 Post-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.

10.3 Colleges with adequate
facilities for research as mentioned below
alone
shall
offer
M.Phil./Ph.D.
programmes:

10.3.1 In 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
282 INDIAN LAW REPORTS ALLAHABAD SERIES
facilities
and essential software, and
uninterrupted power and water supply;

10.3.2
Earmarked
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;

10.3.3 Colleges 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:

11.1 Notwithstanding 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.

11.2 Part-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:

12.1 Award
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:

13.1 Following 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.

13.2 Prior 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."

5. 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
6 All. Snehil Singh Vs. Union of India & Ors.
283
was approved by the Vice-Chancellor is
being reproduced here as under :-

"Centre for Globalization and
Development Studies

University
of
Allahabad