IN THE SUPREME COURT OF INDIA

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/-

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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.