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Plea In Madras High Court Against Condition Requiring Candidate To Possess 2-Year LLM For Ph.D Application At TNDALU

LIVELAW NEWS NETWORK
21 May 2021 7:14 AM GMT
Plea In Madras High Court Against Condition Requiring Candidate To Possess 2-Year LLM For Ph.D Application At TNDALU
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A petition has been moved in the Madras High Court challenging a stipulation in the Tamil Nadu Dr. Ambedkar Law University Ph.D Regulations, 2020 (Ph.D Regulations) permitting only post graduates with a 'Two Years Master's Degree in law to apply for a Ph.D.The matter was taken up by a Division Bench of Justices Anita Sumanth and Senthil Kumar Ramamoorthy on Thursday where it was...

A petition has been moved in the Madras High Court challenging a stipulation in the Tamil Nadu Dr. Ambedkar Law University Ph.D Regulations, 2020 (Ph.D Regulations) permitting only post graduates with a 'Two Years Master's Degree in law to apply for a Ph.D.

The matter was taken up by a Division Bench of Justices Anita Sumanth and Senthil Kumar Ramamoorthy on Thursday where it was admitted. In the meanwhile, the petitioner has been permitted to apply for a Ph.D at the University.
The petition by Suganya Jeba Sarojini, through Advocates M. Nirmalkumar, Adeeb Mohammed and T. Arivoli challenges the Ph.D Regulations in so far as it permits only Post Graduates with a "Two Years Master's Degree in law" to apply. Terming it as unreasonable and violative of Article 14 of the Constitution, the petitioner contends that in effect, the Tamil Nadu Dr. Ambedkar Law University by its Ph.D Regulations has invalidated a valid Masters degree for the purpose of admission to Ph.D programme.
It is averred that the stipulation classifies post graduates with a valid full time Master's Degree into those 'possessing a Two Year Master's degree in Law' and 'others' for the purpose of Ph.D admissions, which is violative of the right to equality.
Additionally, taking into account the fact that most universities in the country have have replaced their Two-Year LL.M. Programmes with the One-Year Programme following the UGC Guidelines of 2012, it is stated that the Tamil Nadu Br Ambedkar Law University has arbitrarily and unreasonably prevented candidates possessing a valid Master's Degree from applying for Ph.D admissions.
Apart from this, it is contended that the distinction drawn between persons holding the Two Year and One Year Master's Degree is without real and substantial distinction, opposed to principles of administrative jurisprudence.
While permission to apply for a Ph.D in law at the University was one of the interim prayers, the petitioner has sought that the Court declare the condition in the Regulations as ultra vires the Constitution.
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