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'PhD, M Phil degrees done in violation of norms declared invalid'
5/26/2016 10:54:49 PM

Early Times Report

jammu, May 26: High court judge Janak Raj Kotwal today said PhD and M Phil degrees awarded on the basis of research work done in violation of regulations of 2009 were invalid.
The court directive came in a petition filed by a lecturer of GMC's bio-chemistry department.
Justice Kotwal held that undergoing a PhD course in a manner contrary to and in violation of the Regulations of 2009 was against the larger public interest of maintaining higher standards of education at doctoral level, so in a given case any personal interest had to yield to the larger public interest.
Kapila Raina and Dr Rachna Sabherwal are working as lecturers in the department of bio-chemistry in government medical college, Jammu. Kapila was PG in bio-chemistry at the time of her appointment on June 14, 2010. Later, she applied to Jaipur National University (JNU), Jaipur, for admission to PhD in bio-chemistry. The court observed that she claimed to have got admission to the course on June 15, 2011. After securing admission, she submitted an application to then principal of GMC, Jammu, on August 6, 2011, seeking grant of permission for undergoing PhD course.
Dr Rachna, who was MD in bio-chemistry, was appointed as lecturer in the GMC, Jammu, on March 11, 2011. She seems to have complained to the government against Kapila for pursuing PhD course during the probation period of her service as lecturer in GMC without obtaining NOC from the government. The administrative department, vide its August 17, 2011 communication asked the GMC principal to furnish his complete report in the matter.
On the other hand, the principal, vide his August 18, 2011 communication, submitted Kapila's application on August 6, 2011 to the administrative department with his recommendation that her case may be considered on its own merit and eligibility.
The administrative department, vide its November 24, 2011 communication No ME-Gaz-192/2011, intimated the principal that during the probation period of doctors/para-medical staff, the permission for higher studies would not be granted in their favour. Following this, the principal on January 11, 2012, vide his letter No JMC/ESTT/GD/PF/78, withdrew the lab facility granted by him to Kapila with immediate effect. Pursuant to and consequent upon refusal of permission for higher studies to her during her probation period and withdrawal of lab facility, JNU sent her a communication on March 15, 2012, asking her to submit NOC and Lab Utilization Certificate under the provisions of PhD regulations latest by March end and warned to cancel her admission if she failed to do so. She had then moved court.
The court as interim measure vide order dated March 29, 2012 stayed both the communications with a direction to the GMC principal to permit her to utilize the lab facility. The administrative department gave retrospective effect to this permission from June 15, 2011.
Feeling aggrieved by the grant of permission, Dr Rachna filed petition, seeking writ of certiorari quashing both these communications, but the administrative department, the principal and Kapila resisted this petition by filing objections. The court vide its order dated September 24, 2013 as interim measure kept the communication dated September 20, 2013 in abeyance to the extent it gives retrospective effect to the permission dated April 5, 2013. Notwithstanding that matter in this regard was sub judice, the administrative department, vide its No ME/Gaz/309/2011 dated December 30, 2013 withdrew the retrospective effect of the permission. This is stated to have been done after re-examining the matter. Pursuant to and consequent upon this withdrawal, JNU issued a notice on March 26, 2014 to Kapila, asking her to show cause as to why her registration in Ph D course be not terminated.
The reason for filing petitions by both of them is the self-interest of each of them for progress in career. Kapila entered service as lecturer as a non-medical person on the basis of her PG degree in bio-chemistry whereas Dr Rachna entered the service as a medical person on the basis of her MD in bio-chemistry. Under the Jammu and Kashmir Medical Education (Gazetted) Service Rules, 1979, a lecturer from non-medical side is eligible for promotion to the next higher post of assistant professor provided he/she is PhD in bio-chemistry. Kapila can be promoted as assistant professor only after she acquires PhD and if she fails to acquire it, Dr Rachna would steal march over her even if she was junior to her. On the other hand, if she acquires PhD degree, her promotion is likely to delay the promotion of Dr Rachna. (JNF)
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