1 901.WP.10165.26.odt +10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO.10165 OF 2026 Lochana Daulat Khilare … PETITIONER VERSUS 1. Dr. Babasaheb Ambedkar Marathwada University, through its Vice Chancellor, Aurangabad. 2. Pro-Vice Chancellor, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. 3. The Deputy Registrar Ph.D Section, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. 4. The Dean, Department of Humanities, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. … RESPONDENTS WITH WRIT PETITION NO. 6701 OF 2026 Babita Suresh Arak Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6718 OF 2026 1. Usha Narayan Parghane 2. Sandeep Eknath Kamble Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH 2026:BHC-AUG:43906-DB 2 901.WP.10165.26.odt +10 WRIT PETITION NO. 10344 OF 2026 Sangita Prabhakar Waghmare Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6711 OF 2026 Ramnath Mahadev Gaikwad Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6712 OF 2026 Dashrath Balasaheb Khetri Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6716 OF 2026 Pratiksha Laxman Jagtap Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6717 OF 2026 Sandip Ramesh Khandare Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6760 OF 2026 Aparna Bhaskarrao Magare Versus Dr. Babasaheb Ambedkar Marathwada University and others 3 901.WP.10165.26.odt +10 WITH WRIT PETITION NO. 6700 OF 2026 Sonaji Himmatrao Gawai Versus Dr. Babasaheb Ambedkar Marathwada University and others WITH WRIT PETITION NO. 6715 OF 2026 Amrapali Shamrao Bankar Versus Dr. Babasaheb Ambedkar Marathwada University and others ... Advocate for the Petitioner/s : Mr. Mahesh S. Bhosale Advocate for Respondents Nos.1 to 4 : Mr. Sambhaji S. Tope … CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. Reserved on : 01.07.2026 Pronounced on : 28.09.2026 FINAL ORDER (PER: ABASAHEB D. SHINDE, J.) : 1. Since a common question of law and fact is involved in all these writ petitions, they are being decided by this common order. 2. By these writ petitions filed under Article 226 of the Constitution of India, the petitioners are seeking directions to the respondents to constitute a Research Recommendation Committee (for short “RRC”), so as to enable the petitioners to secure admission to the Ph.D. programme. Further directions are sought for issuance of provisional as well as confirmation letter of admission to the Ph.D. by completing 4 901.WP.10165.26.odt +10 the said admission process within stipulated period. 3. It is the case of the petitioners that they possess requisite qualifications in the respective subjects as well as having M.Phil degree. They are also recipients of fellowships awarded by Dr. Babasaheb Ambedkar Research and Training Institute (hereinafter referred to as “BARTI”) and Dr. Babasaheb Ambedkar National Research Fellowship ( hereinafter referred to as “ BANRF”). On the basis of these qualifications they registered themselves for admission to the Ph.D. programme and also paid the requisite fees. The petitioners further contended that, pursuant to their registration, the Departmental Recommendation Committee (hereinafter referred to as “DRC”) held a meeting on 07.01.2025, which is competent to approve admission of candidates to the Ph.D. degree. 4. The main bone of contention of the petitioners is that, by virtue of possessing M.Phil. degrees as well as having awarded fellowships from BARTI and BANRF, they are entitled to admission to the Ph.D. degree without undergoing Ph.D. Enterance Test (for short “PET”). The petitioners, therefore, have approached this Court. 5. For the sake of convenience, the details of the petitioners are summarized in the following tabular form: 5 901.WP.10165.26.odt +10 Sr. No. Writ Petition Name of Petitioner Qualification University/ Fellowship Subject Faculty 1. WP/6700/2026 Sonaji Himmatrao Gawai MA Economics SC category M.Phil. March 2024 Registration for Ph.D Admission/Fees paid 20.03.2024 DRC Meeting 07.01.2025 BARTI 16.02.2022 Economics Humanities 2. WP/6701/2026 Babita Suresh Arak MA Marathi SC Category M.Phil. 27.07.2022 Registration for Ph.D. Admission 25.04.2024 fees paid 09.10.2024 DRC meeting 07.01.2025 BARTI 30.06.2020 Marathi Humanities 3. WP/6711/2026 Ramnath Mahadev Gaikwad M.Sc. Computer Science SC category M.Phile 27.07.2022 DRC Meeting 07.01.2025 Participated in PET but not selected BARTI 26.07.2024 Computer Science Science and Technology 4. WP/6715/2026 Amrapali Shamrao Bankar MA Public Administration SC Category M.Phile 30.07.2024 DRC meeting not held participated in PET but not selected BARTI 16.02.2022 Public Adm. Humanities 5. WP/6712/2026 Dashrath Balasaheb Khetri MA Marathi M.Phil 21.10.2023 Registration for Ph.D Admission 23.08.2024 DRC meeting 11.08.2024 letter to Pro-vs by HOD 30.08.2024 National Fellowship for person with disabilities 01.04.2018 Marathi Humanities 6. WP/6716/2026 Pratiksha Lakshaman Jagtap M.Sc. Computer Science Open Category M.Phil. 03.04.2024 Registration for Ph.d admission 29.04.2024 SARTHI 24.02.2022 Computer Science Science and Technology 6 901.WP.10165.26.odt +10 7. WP/6717/2026 Sandip Ramesh Khandare M.Com SC Category M.Phil. 12.12.2023 Registration for Ph.D. Admission 22.12.2023 DRC Meeting 01.01.2025 Letter to Pro-Vs by HOD 01.01.2025 BARTI 16.02.2022 Commerce Commerce and Management 8. WP/6718/2026 Usha Narayan Parghane M.A. Hindi SC Category M.Phil. 06.04.2024 Registration for Ph.D. Admission 30.01.2025 DRC Meeting 10.01.2025 Letter to Pro-vs by HOD 28.01.2025 BARTI 21.04.2023 Hindi Humanities Sandeep Eknath Kambale M.A. Hindi SC Category M.Phil. 06.04.2024 Registration for Ph.D. Admission 30.01.2025 DRC meeting 28.01.2025 Letter to Pro-vs by HOD 24.01.2025 BARTI 21.04.2023 Hindi Humanities 9. WP/6760/2026 Aparna Bhaskarrao Magare M.Sc. Information Technology SC Category M.Phil. 05.04.2023 Registration for Ph.D. Admission 18.03.2024 DRC Meeting 10.05.2024 Letter to Pro-vs by HOD 16.07.2025 BARTI 30.06.2020 Computer Science Science and Technology 10. WP/ 10165/2026 Lochana Daulat Khillare M.A. Sociology SC Category M.Phil 06.04.2024 Registration for Ph.D. Admission 04.04.2024 DRC Meeting 24.01.2025 Letter to Pro-vs by HOD 24.01.2025 BARTI 21.04.2023 Sociology Humanities 11. WP/ 10344/2026 Sangita Prabhakar Waghmare M.A. Philosophy SC Category M.Phil. 03.04.2024 BARTI 16.02.2022 Economics Humanities 7 901.WP.10165.26.odt +10 Registration for Ph.D. Admission 03.04.2024 No DRC Meeting and guide is not allotted. She made request by representation dated 06.06.2025 6. Learned counsel for the petitioners submits that, considering the qualifications of the petitioners, they are eligible for being admitted to the Ph.D. degree. He submits that the University Grants Commission (for short “UGC”) issued a Notification dated 07.11.2022 prescribing the Minimum Standards and Procedure for awarding the Ph.D. degree. Clause 5 (2)(i) of the said Notification contemplates that, a candidate who is a recipient of fellowship / scholarship in UGC – NET / UGC – CSIR / NET / GATE / CEED is entitled for being admitted to the Ph.D. degree. He further submits that Clauses (b) and (e) as well as Clause 5 of Ordinance-1009 (herein after referred to as ‘the said Ordinance’) of the respondent No.1-University also prescribes the same eligibility criteria. He, therefore, urged that the Writ Petitions deserve to be allowed. 7. Per contra, learned counsel appearing for the respondents submits that the admission process for the Ph.D. degree is governed by the Ordinance of 2024 and the UGC Regulations 2022, therefore, reliance placed by the petitioners on the said Ordinance is misplaced. 8 901.WP.10165.26.odt +10 He further submits that holding the M.Phil. degrees and receiving State fellowships, do not automatically entitle the petitioners to seek admissions to the Ph.D. degree. The petitioners are required to undergo the prescribed statutory admission process. He further submits that, the Fellowships received by the petitioners from the autonomous bodies like BARTI and BANRF cannot be taken into consideration, as they do not satisfy the test of National Fellowship. He, therefore, urged that the petitions are devoid of any substance and, therefore, deserve to be dismissed. 8. We have heard learned counsel for the petitioners, learned counsel appearing for the respondents at length and have perused the record. 9. The relevant clauses prescribing the eligibility criteria for admission to the Ph.D. programme under the said Ordinance read thus: “ Eligibility Criteria for admission to the Ph.D. programme. a) - - b) Candidates who have successfully passed the M.Phil. Course work as per conditions laid down by U.G.C. Regulations, 2009 published in Government of India Gazette, July 11 - July 17, 2009, i.e. admitted on the basis of entrance examination, with at least 55% marks in aggregate or its equivalent grade B in the UGC-7 point scale or an equivalent grade in a point scale, wherever grading system is followed, 9 901.WP.10165.26.odt +10 and successfully completed the M/Phil. Degree shall be eligible to proceed to do research work leading to Ph.D. degree in the same institute in an integrated programme. A relaxation of 5% of marks, from 55% to 50%, or an equivalent relations of grade, shall be allowed as mentioned in 1.1.2. e) A candidate fulfilling the eligibility criteria mentioned in (a) and who have qualified the UGC-NET (including JRF) / UGC-CSIR NET (including JRF)/SLET/GATE/GPAT/SET/ teacher FIP holders or have passed M.Phil. programme (admitted through entrance test) in the concerned subject from any Statutory University.” Similarly, Clause 5(x) of the said Ordinance which also provides for the eligibility criteria, reads thus: “5. Eligibility : (x) The maximum allowed gap period for continuation from M/Phil to Ph.D. under this scheme shall be two years (from the date of declaration of result of M.Phil to date of admission to Ph.D.) However, the total tenure of fellowship shall remain five years excluding the gap period. No fellowship shall be paid during the gap period.” 10. Bare perusal of the aforesaid clauses would show that, it merely prescribes the qualification for the purpose of seeking admission to the Ph.D. degree. However, the said qualification is always subject to fulfillment of criteria and norms prescribed under the Ordinance and the statutes of respondent No. 1/University. Unless the petitioners undergo the entire admission process prescribed under the Ordinance and the Statutes framed by the respondent No. 1 including PET, they cannot claim to have an automatic right to be admitted to the Ph.D. degree. 10 901.WP.10165.26.odt +10 11. We find substance in the submission of the learned counsel for the respondents that, the fellowships awarded to the petitioners from the autonomous bodies like BARTI and BANRF do not satisfy the test of National Fellowship as contemplated under the Ordinance of 2024 and the notification of UGC. In our considered view, since the petitioners have failed to satisfy the norms prescribed under the Ordinance, Statutes and the UGC Regulations, they have no indefeasible right of seeking admission to the Ph.D. degree solely on the basis of fellowships received by them from BARTI and BANRF. In view thereof, we find that the petitions are devoid of any substance and are liable to be dismissed. 12. In the result, the writ petitions are dismissed. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/