Bombay High Court

RAMNATH MAHADEV GAIKWADversusDR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY THROUGH ITS VICE CHANCELLOR AND ORS

Disposal: DISPOSED OFF

Holding

The petitioners are not entitled to automatic Ph.D. admission and must comply with the prescribed admission process, including the PET, so the writ petitions are dismissed.

Summary

The petitioners, all holders of M.Phil. degrees and recipients of fellowships from BARTI or BANRF, filed writ petitions under Article 226 seeking a direction for the university to constitute a Research Recommendation Committee and admit them to the Ph.D. programme without undergoing the Ph.D. Entrance Test (PET). They relied on a UGC notification and certain clauses of the university's Ordinance-1009, arguing that their fellowships entitled them to automatic admission. The university contended that admission is governed by the 2024 Ordinance and UGC Regulations 2022, which require candidates to clear the PET and that the fellowships are not "national" fellowships under the statutes. The Court examined the eligibility clauses of the Ordinance, noting that they prescribe qualifications subject to the full admission process, including the PET. It held that the petitioners had not satisfied the statutory criteria and therefore possessed no indefeasible right to admission based solely on their fellowships. Consequently, the writ petitions were dismissed.

Issues considered

Whether holders of M.Phil. degrees and recipients of BARTI or BANRF fellowships are entitled to Ph.D. admission without clearing the Ph.D. Entrance Test under the university's Ordinance and UGC Regulations.
Whether the university's Ordinance-1009 (2024) and UGC Regulations 2022 supersede the petitioners' reliance on the UGC notification of 07.11.2022.
Whether the fellowships awarded by autonomous bodies qualify as "national fellowships" for the purpose of exemption from the entrance test.

Subjects

Ph.D. admission
Eligibility criteria
UGC Regulations
University Ordinance
Entrance test
Fellowship
Writ petition
Article 226

Judgment

2026:BHC-AUG:43910-DB
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
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. Writ Petition Name of Qualification University/ Subject Faculty
No. Petitioner Fellowship
1. WP/6700/2026 Sonaji MA Economics BARTI Economics Humanities
Himmatrao SC category 16.02.2022
Gawai M.Phil. March 2024
Registration for
Ph.D
Admission/Fees
paid 20.03.2024
DRC Meeting
07.01.2025
2. WP/6701/2026 Babita MA Marathi BARTI Marathi Humanities
Suresh Arak SC Category 30.06.2020
M.Phil. 27.07.2022
Registration for
Ph.D. Admission
25.04.2024
fees paid
09.10.2024
DRC meeting
07.01.2025
3. WP/6711/2026 Ramnath M.Sc. Computer BARTI Computer Science
Mahadev Science 26.07.2024 Science and
Gaikwad SC category Technology
M.Phile
27.07.2022
DRC Meeting
07.01.2025
Participated in PET
but not selected
4. WP/6715/2026 Amrapali MA Public BARTI Public Humanities
Shamrao Administration 16.02.2022 Adm.
Bankar SC Category
M.Phile
30.07.2024
DRC meeting not
held participated
in PET but not
selected
5. WP/6712/2026 Dashrath MA Marathi National Marathi Humanities
Balasaheb M.Phil 21.10.2023 Fellowship
Khetri Registration for for person
Ph.D Admission with
23.08.2024 disabilities
DRC meeting 01.04.2018
11.08.2024 letter
to Pro-vs by HOD
30.08.2024
6. WP/6716/2026 Pratiksha M.Sc. Computer SARTHI Computer Science
Lakshaman Science 24.02.2022 Science and
Jagtap Open Category Technology
M.Phil. 03.04.2024
Registration for
Ph.d admission
29.04.2024
6 901.WP.10165.26.odt +10

7. WP/6717/2026 Sandip M.Com BARTI Commerce Commerce
Ramesh SC Category 16.02.2022 and
Khandare M.Phil. 12.12.2023 Management
Registration for
Ph.D. Admission
22.12.2023
DRC Meeting
01.01.2025 Letter
to Pro-Vs by HOD
01.01.2025

8. WP/6718/2026 Usha M.A. Hindi BARTI Hindi Humanities
Narayan SC Category 21.04.2023
Parghane 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
Sandeep M.A. Hindi BARTI Hindi Humanities
Eknath SC Category 21.04.2023
Kambale 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
9. WP/6760/2026 Aparna M.Sc. Information BARTI Computer Science
Bhaskarrao Technology 30.06.2020 Science and
Magare SC Category Technology
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
10. WP/ Lochana M.A. Sociology BARTI Sociology Humanities
10165/2026 Daulat SC Category M.Phil 21.04.2023
Khillare 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
11. WP/ Sangita M.A. Philosophy BARTI Economics Humanities
10344/2026 Prabhakar SC Category 16.02.2022
Waghmare M.Phil. 03.04.2024
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/

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