JABALPUR, India, March 8 -- Madhya Pradesh High Court issued the following judgment/order on Feb. 5:

1. Petitioner who is a Professor in the Department of Computer Science in Awadhesh Pratap Singh University, impugns the Regulations notified on 07.11.2022 by the University Grants Commission whereby Clause 6(5) of the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2022 (hereinafter referred to as "the Regulations") has been incorporated.

Clause 6(5) of the Regulations reads as under:-

"6. Allocation of Research Supervisor.- Eligibility criteria to be a Research Supervisor, Co-Supervisor, Number of Ph.D. scholars permissible per supervisor, etc.

(1) xxx xxx xxx

(2) xxx xxx xxx

(3) xxx xxx xxx

(4) xxx xxx xxx

(5) Faculty members with less than three years of service before superannuation shall not be allowed to take new research scholars under their supervision. However, such faculty members can continue to supervise Ph.D. scholars who are already registered until superannuation and as a co-supervisor after superannuation, but not after attaining the age of 70 years."

2. Clause 6(5) of the Regulations stipulates that faculty members with less than three years of service before superannuation shall not be allowed to take new research scholars under their supervision.

3. Learned counsel for the petitioner submits that the period required to complete Ph.D. is minimum three years and may be extended to five years. Learned counsel submits that it is no justification for prescribing the said condition inasmuch as the faculty members can continue to supervise Ph.D. scholars upto the age of 70.

4. We are unable to accept the contention of learned counsel for the petitioner for the reason that the minimum period to complete Ph.D. is three years and the clause stipulates that faculty members having less than three years of service remaining before their superannuation would not be permitted to take new research scholars. There seems to be a justification for incorporating such a clause. In case a faculty member has less than three years service remaining before superannuation and is permitted to take new research scholar who is to be given minimum three years to complete his Ph.D, from day one, the research scholar would be under an apprehension as to whether the research scholar would be able to complete the research or not as at the fag end of the research being completed, the faculty member would superannuate. Clause 6(5) of the Regulations further provides that if a research scholar is already registered under such a faculty member then the faculty member shall continue until superannuation and; thereafter, as a cosupervisor. Said clause has been incorporated to avoid change of Supervisor midway and in the interest of the research scholar.

5. We may also note that in the Regulations as they existed in the year 2016, there was a stipulation in Clause 6(2) of the Regulations that only a full time regular teacher of the concerned University/Institution shall act as a Supervisor. This contemplated that post superannuation the Supervisor cannot continue as a Supervisor, however could continue as a co-supervisor. It appears that the UGC has imposed such a condition in the interest of the research scholars.

6. Consequently, we find no merit in the petition.

The petition is accordingly dismissed.

Disclaimer: Curated by HT Syndication.