Smt. Mrinalini Dwivedi vs Vice Chancellor Jiwaji
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-GWL:20715
1 WP-40575-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 14 OF JULY, 2026
WRIT PETITION No. 40575 of 2024
SMT. MRINALINI DWIVEDI
Versus
VICE CHANCELLOR JIWAJI AND OTHERS
Appearance:
Shri Harshavardhan Topre - Advocate for the petitioner.
Shri Rahul Yadav- Advocate for respondents.
ORDER
The instant petitioner under Article 226 of the Constitution of India
has been preferred by the petitioner seeking following relief(s):-
"7. I. That, respondents be directed to accept the research
work/thesis of the petitioner under Ph.D. programme in subject
"English" by extending the period for submission of research
work/thesis under Ph.D. programme in subject "English".
II. That, the respondents may kindly be directed to consider the
petitioner for awarding Ph.D. by accepting the thesis/research
work of the petitioner.
III. Other suitable writ, direction and order in nature of writ may
kindly be issued to the respondents for doing justice in favour of
petitioner.
IV. Cost may kindly be awarded."
2. Learned counsel for the petitioner submits that the petitioner is a
student of English Literature and an aspirant for the Ph.D. programme.
Earlier, she had enrolled for the Ph.D. course in the year 2014. However, she
could not complete the said course within the stipulated period of four years,
i.e., up to the year 2018. Thereafter, she got herself re-registered with Jiwaji
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/14/2026
6:48:03 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:20715
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University, Gwalior on 17.01.2019 in terms of Ordinance No. 11, pursuant
to which she was required to complete her Ph.D. course on or before
18.01.2023.
3. It is further submitted that in the year 2020, the entire world
witnessed the unprecedented outbreak of the COVID-19 pandemic. During
the said period, the petitioner gave birth to her first girl child on 11.08.2020
and thereafter to her second girl child on 05.03.2023. Owing to her
pregnancies, childbirth and the prevailing pandemic situation, she could not
complete the Ph.D. course within the prescribed period of four years.
Consequently, the evaluation process could not be completed and
subsequently the University, by the impugned order dated 20.11.2024,
declined to permit the petitioner to proceed further for the award of the Ph.D.
degree.
4. Learned counsel for the petitioner while assailing the impugned
order on the aforesaid grounds as well as on humanitarian considerations,
placed reliance on the order passed by this Court in the matter of Kirti Soni
vs. Jiwaji University, Gwalior in W.P. No. 13923/2024 decided on
19.01.2026, wherein, in similar facts and circumstances, the Vice-Chancellor
of Jiwaji University, Gwalior was directed to consider the case of the
petitioner therein by exercising his discretionary powers judiciously.
Pursuant to the said order, the petitioner therein was extended the benefit and
was permitted to continue the Ph.D. course. It is, therefore, contended that
the present petitioner is also entitled to similar treatment.
5. Per contra, learned counsel appearing for the respondents opposed
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Signed by: VIJAY TRIPATHI
Signing time: 7/14/2026
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the prayer and submitted that the prescribed period for completion of the
Ph.D. course had already expired in the year 2023 and now we are running in
the year 2026, thus in such circumstances, it is not permissible to permit the
petitioner to complete the Ph.D. course nor can any direction be issued to the
Vice-Chancellor to exercise his discretionary powers contrary to the
provisions contained in the applicable Statute/Ordinance. It is further
submitted that this was the second opportunity granted to the petitioner after
her re-registration in the year 2019, but she failed to avail the benefit so
extended. Such failure, according to the respondents, is attributable solely to
the petitioner's own negligence and, therefore, she is not entitled to any
indulgence at this stage.
6. Having heard learned counsel for the parties and upon consideration
of the rival submissions, this Court is of the opinion that although, on merits,
no case is made out for grant of the relief as prayed for by the petitioner, yet
having regard to the extraordinary powers vested in the Vice-Chancellor
under Ordinance No. 11, it would be appropriate to direct the Vice-
Chancellor, Jiwaji University, Gwalior to consider the case of the petitioner
in accordance with the applicable Ordinance, Statutes and the governing
legal provisions, and to examine whether any discretionary power is
available to grant the relief sought by the petitioner. In the event the Vice-
Chancellor, upon such consideration, finds the petitioner entitled to the
benefit under the applicable provisions, appropriate orders may be passed
permitting her to complete the Ph.D. course.
7. The aforesaid exercise shall be undertaken and completed as
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/14/2026
6:48:03 PM
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expeditiously as possible, preferably within a period of four weeks from the
date of production of a certified copy of this order before the concerned
authority.
8. It is made clear that this Court has not expressed any opinion on the
merits of the petitioner's claim, and the Vice-Chancellor shall consider the
matter independently, strictly in accordance with law and without being
influenced by any observations made in this order.
9. With the aforesaid observations and directions, the present petition
stands disposed of. No order as to costs.
(MILIND RAMESH PHADKE)
JUDGE
VJ
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/14/2026
6:48:03 PM