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| HC stays JU's orders for replacing Dr Nirmal Singh as 'guide' to petitioners | | | Early Times Report
Jammu, Dec 26: Justice B L Bhat of the J&K High Court at Jammu today has stayed the orders of Jammu University's Registrar and Head of Department of History Department whereby it was directed that the scholars of Prof Nirmal Singh doing research under his guidance, were required to give choice for new Supervisor and Prof Nirmal Singh (present Dy CM of J&K) was to be replaced This significant order was passed in a writ petition filed by petitioners (namely as Skalzang Dorjey, Suneeta Sharma, Sonika Chopra and Kouple Dev)/ scholars of Prof Nirmal Singh, Dy CM of J&K through Advocates A K Sawhney and Aseem Sawhney.
Justice B L Bhat, after hearing Aseem Sawhney Advocate observed in his order that petitioners are PhD research scholars in post graduate department of History in the University of Jammu and are aggrieved of impugned order dated 26.11.2015 passed by the Registrar of Jammu University and order dated 10.12.2015 passed by HoD of History Deptt of University of Jammu by virtue whereof the petitioners have been directed to give choice of new supervisor for continuation of their PhD course rejecting their applications for continuation with the existing supervisor Prof Nirmal Singh who is presently member of the state legislature and holding post of Dy CM of J&K. After hearing counsel for petitioner, the High Court issued notice to the Jammu University through its Registrar, Vice Chancellor and HoD History and also stayed the impugned orders.
Earlier counsel appearing for petitioners contended that most of the petitioners have completed 80-90% of research work and they are required to submit the thesis in the month of April 2016 and added that the Supervisor Prof Nirmal Singh is willing to continue to impart guidance to the petitioners. Court was informed that even after his induction, Prof Singh has already guided two research scholars and in terms of the impugned orders the petitioners will have to choose new supervisor to the detriment of their academic career which is nearing completion.
"Said Supervisor of the Petitioners Prof Nirmal K Singh who at that time was already a political leader of the State was given the mandate of the Bhartiya Janta Party (BJP) in the J&K Legislative Assembly Elections in the year December 2014, he said and added the elections and became an MLA, thereafter in the new Govt. i.e. present Govt took oath as Cabinet Minister of the State of J&K and was made the Dy Chief Minister of the J&K State in March 2015.
"The respondents have referred to a resolution passed by University Council of Jammu, on 7th December 1987 in their impugned order dated 26.11.2015 but said resolution nowhere corresponds with the impugned order dated 26/11/2015 and its impugned clause 5 which is bad in the eyes of law and therefore be set aside," the counsel urged.
"New Supervisor shall take time to understand the topic and will deal with the entire researches of the petitioner in his/ her new way thus the entire research which is 95% in most of the cases, made under the Supervisor Dr Nirmal Singh will go waste, which shall be very harsh and unjust. The UGC Rules and the University Statute have defined that the student/ scholar - Supervisor ratio and in the present case which ever teacher/ Supervisor is allotted or chosen the said ratio shall be disturbed and the norms of the UGC and the University would get disturbed thus making it an illegal exercise. "The University Council Resolution of 1987 is not scholar oriented and it is just concerned with the Teacher or the Professor who becomes and MLA/ MP/ MLC etc and no where it deals with the scholars or the student fate etc. The petitioners though have not been provided with these resolutions but the petitioners have got an RTI application filed and it is incumbent upon the respondents to provide the copy of these Resolutions to the petitioners as well as the Court, he added. --(JNF) |
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