IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.121 of 2024 Date of Decision:- 18.03.2025 Court on its own motion ....Petitioner Versus HPU and Another ....Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Surender Sharma, Advocate, as Amicus Curiae. For the Respondents : Mr. Devender Kumar Sharma, Advocate. G.S. Sandhawalia, Chief Justice (Oral). The present Public Interest Litigation was initiated on account of a letter written to this Court by two Ph.D Research Scholars (Environmental Sciences) praying that they may be allowed to complete their Ph.D (Environmental Sciences) research within the Department of Interdisciplinary Studies. 2. Counsel for the respondent-University has placed on record notification dated 11.01.2021 (Annexure-A), whereby the all courses of Environment Sciences including Masters, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 M.Phil/Ph.D and M.Sc (Environmental Sciences) being run in the Department of Interdisciplinary Studies were decided to be merged in the Department of Environmental Sciences under the Faculty of Life Sciences and it was ordered that the Lecture Hall and Teaching Labs created in the top floor of Science Block-A above the Department of Physics and two labs of MGB of Department of Biotechnology be allocated to the Department of Environmental Sciences. 3. Apparently in March, 2020, the petitioners were enrolled in the Ph.D. program under the Faculty of Environment and Sustainable Development. 4. Learned Amicus Curiae has placed on record communication dated 04.12.2024 addressed to the Director, Department of the Interdisciplinary Studies, whereby in total three students have requested to complete their Ph.D (Environmental Sciences) research within the Department of Interdisciplinary Studies. 5. As per Clause 16.13 of Chapter-XVI of Hand Book Volume-I (The First Ordinances of Himachal Pradesh University, Shimla) (As amended upto March, 2015), 2015, the minimum duration for the Ph.D. degree is three years of regular research 3 work (two years in case of scholars who have previously obtained M.Phil . This is to be certified by the Supervisor and Chairman of the Department), as such, the thesis is required to be submitted within five years of the registration, after which period the registration shall stand cancelled. 6. It is thus apparent that on account of issuance of notification as such, the Masters, M.Phil/Ph.D. and M.Sc. (Environmental Sciences) were merged in newly created Department of Environmental Sciences (under Faculty of Life Sciences) and the previously enrolled students in Ph.D. program can pursue their Ph.D. seamlessly in newly created Department. The said notififcation further prescribes the area and the work as such, for the space alloted to the said Department. 7. In the communication dated 26.12.2024, it has specifically been mentioned that the previously enrolled students in Ph.D program can pursue their Ph.D seamlessly in newly created Department and in view of Clause 16.7 of HPU Ordinances. The necessary Research Degree Committee (RDC) has also been constituted for the students of Environmental Sciences and Research Degree Committee (RDC) for previous 4 enrolled students can be convened within one week in the newly created Department i.e. Environmental Science. 8. Keeping in view the above, we are of the considered opinion that the matter has been rendered infructuous as such, as the interest of students is being looked after and the arguments raised by the learned Amicus Curiae that the merger as such will affect the petitioners is liable to be rejected as the decision has to be taken on account of administrative exigency and opinion of the experts of the University. Thus, it cannot be said that the decision, as such, is malafide in any manner and it has come on record that out of five students, only two students approached this Court initially by the first letter and also another student joined by susbequent letter while two students remained satisfied by the action of the University, and no prejudice as such is being caused to them. 9. Accordingly, we do not deem it appropriate to interfere with the decision of the Univeristy in the present Public Interest Litigation. The University shall abide by its undertaking that the Research Degree Committee (RDC) for previously enrolled students would be convened within one week from the receipt of this order in the newly created Department i.e. 5 Environmental Sciences, so that they can present their thesis and their academic progress may not be hindered in any manner. 10. Resultantly, in view of the aforesaid observations, the present petition stands disposed of. 11. Pending miscellaneous application(s) if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 18th March, 2025 (munish thakur)