Delhi HC Rules in Favor of PhD Student: JNU Cannot Cancel Candidature Due to Lack of Supervisor Availability

Delhi HC Rules in Favor of PhD Student: JNU Cannot Cancel Candidature Due to Lack of Supervisor Availability

The recent ruling by the Delhi High Court established that Jawaharlal Nehru University (JNU) is not permitted to disqualify a PhD student due to the unavailability of a supervisor for guidance and supervision.

Justice C. Hari Shankar emphasized that JNU is not allowed to require a PhD candidate to independently locate a supervisor. The court underlined that the responsibility of assigning a supervisor solely rests with JNU and no other entity.

Justice Hari Shankar also dismissed an argument suggesting that, despite the absence of explicit provisions in the statute or ordinances allowing JNU to cancel a PhD student's candidature due to the unavailability of a supervisor, such action could be justified based on "past practices."

The judge held the view that JNU should promptly abandon such "past practices" as they are deemed illegal.

The court's remarks came in the context of reinstating Nazar Mohammad Mohaideen S as a PhD scholar at JNU’s Special Centre for Molecular Medicine (SCMM). His supervisor, Professor Shailja Singh, had lodged a complaint with the university, alleging that Mohaideen was frequently visiting the lab during late hours with unfamiliar individuals, posing a security risk.

Additionally, Singh raised concerns about Mohaideen's irregular attendance in the lab and his perceived lack of dedication towards assigned tasks. As tensions escalated between Mohaideen and Professor Singh, the latter conveyed her reluctance to continue supervising Mohaideen's PhD. On October 4, 2023, JNU informed Mohaideen that due to the unavailability of another supervisor, he could no longer continue as a scholar at the SCMM.

After reviewing the case, the Court overturned JNU's decision to suspend the petitioner and instructed the university to appoint a supervisor for him within a two-week period. The Bench noted the petitioner's willingness to be supervised by Professor Singh and his commitment to address any concerns raised by the supervisor.

Advocates M Yogesh Kanna, Prakriti Rastogi, Azad Bansala, Vasu Kalra and Monica Saini appeared for the petitioner Nazar Mohamed Mohaideen S.

JNU was represented through Central Government Standing Counsel Monika Arora as well as advocates Subhrojeet Saha, Kushal and Ranjeet Kumar.

 

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