Jahanvi Agarwal
On 13th March 2024, the Madras High Court made a significant ruling regarding the admission requirements for the Ph.D. program at the Tamil Nadu Dr. Ambedkar Law University. Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy read down Clause 3.1 of the university’s Ph.D. Regulations, 2020, removing the requirement of a two-year Master’s degree in law for admission to the Ph.D. program. This decision came in response to a writ petition filed by Suganya Jeba Sarojini, who challenged the clause’s validity under Article 226 of the Constitution.
Sarojini, who holds a Post Graduation – LL.M. Degree in Human Rights, argued against the university’s regulation, which mandated a two year LLM alone for eligibility. The High Court, while considering University Grants Commission (UGC) standards, ruled that the university’s regulation impinged upon the jurisdiction of the UGC and hence was ultra vires. The court emphasized that the one-year LLM program is a valid qualification as per UGC guidelines and clarified that the university’s argument regarding higher qualifications was fallacious.
“The rule does not prescribe greater qualification, as the two-year LLM is not a higher qualification than the one-year LLM as both get the same degrees. Prescribing higher standards would be in ‘addition to’ and not in ‘derogation to’. It can be supplementing and not supplanting,” the division-Bench held.
The Court observed that while universities have the discretion to prescribe higher standards, it must not derogate from the eligibility criteria set by regulatory bodies. Consequently, the court read down the impugned Clause 3.1, removing the requirement for a two-year Master’s degree, and directed the university to admit Sarojini to the Ph.D. program in accordance with their rules and procedures.
Case Name: Suganya Jeba Sarojini v. The Tamil Nadu Dr.Ambedkar Law University and Anr.
Diary Number: 12063 of 2021
Bench: Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy