P.C.Markanda Vs.
Punjab University & Ors. [2009] INSC 335 (16 February 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.1072 OF 2009 (Arising out of S.L.P. (C) No.10348
of 2008) P.C. Markanda ...Appellant(s) Versus Panjab University & Ors.
...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel
for the parties.
The appellant made an
application for enrolment for Degree of Doctor of Laws on topic "Adoption
of UNCITRAL Model Law for International Commercial Arbitrations by Commonwealth
Countries - Impact, Emerging Trends and Interpretation". Along with the
application he annexed the papers presented by him at the National and
International Forums and the books authored by him. His application was
considered in the joint meeting of the Academic Committee and Administrative
Committee of the Department of Laws, Panjab University, held on 29th July,
2008, and was rejected. The High Court dismissed the writ petition filed by the
appellant by observing that he does not have an enforceable right for
consideration of degree of Ph.D and the issue raised by him does not call for
interference under Article 226 of the Constitution.
It is not in dispute
that in terms of Regulations 1, 2 and 3 of the Panjab University Calendar
Volume-II, 1995 (for short `the Regulations'), the appellant's case was
required to be considered by the Research Degree Committee on ....2/- -2-
being recommended by the Faculty of Law. It is also not in dispute that the
appellant's case was not considered by the Faculty of Law for the purpose of
being recommended to the Research Degree Committee. The High Court overlooked
this patent illegality in the rejection of the appellant's application and
summarily dismissed the writ petition. In our view, the High Court should have
considered the issue raised by the appellant in the light of the Regulations
and decided the same on merits. This having not been done, the decision taken
in the joint meeting of the Academic Committee and Administrative Committee as
also the order passed by the High Court cannot be sustained.
In the result, the
appeal is allowed, impugned order rendered by the High Court is set aside and
it is directed that the appellant's application for enrolment for the degree of
Doctor of Laws shall be considered by the Faculty of Law and, thereafter, by
the Research Degree Committee. This exercise must be completed within three
months from the date of receipt of copy of this order by the University.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
February
16, 2009.
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