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Doctor of
Philosophy (Ph.D.) in LAW
The Degree
of Doctor of Philosophy (Ph. D.) in Law may be obtained
subject to fulfillment of all the conditions mentioned below:
Eligibility:
1. A
candidate for the degree of Doctor of Philosophy must, at the
time of application, hold Master’s degree in Law (LL.M.) with
at least 55% marks (50% marks for SC/ST candidate and
Physically and visually handicapped candidates) or an
equivalent grade of M. Phil. degree in Law of the University,
a deemed University or any other University incorporated by
any law for the time being in force and recognized by the
University.
2.
Provided that a candidate who has at least 7 years experience
of research or teaching experience of five years teaching with
at least 2 papers published in standard research journal, may
be permitted to get registered for Ph. D. degree, even if he /
she does not possess 55% marks at the Postgraduate degree.
3.
It will be the responsibility of the candidate to ensure his /
her eligibility and fulfillment of such other conditions as
may be prescribed for registration in the rules and
regulations of the University. The registration to Ph. D will
be subject to availability of seats and experts for guidance /
supervision in the area of research to be chosen by the
candidate. Before the submission of application form, the
candidate is required to ascertain these facts from the MATS
Law School.
Besides
above, an entrance test shall be conducted prior to the
registration for Ph.D. Merely qualifying the entrance test
will not ipso-facto entitle a candidate to get him / her
registered for Ph. D in the department concerned, if he/she
does not fulfill the minimum marks criteria.
Regular -
College / University teachers, M.Phil degree holders, NET /
SLET qualified candidates will be exempted from the entrance
test.
The
candidates in employment will have to submit No Objection
Certificate (NOC) from their Employer.
4. A
candidate must apply for registration for Ph.D. degree of his
/ her subject on the prescribed form obtainable on
payment of prescribed fee, stating-
(i)
his / her qualification and experience;
(ii)
subject in which he / she proposes to work;
(iii) the field or topic of Research work;
(iv)
name of the supervisor (along with the name of Co-supervisors,
if any) under whom he / she wishes to work and the
place/places at which he / she wishes to carry on
investigations together with the consent of the supervisor and
Co-supervisors, if any.
After payment of fees along with the completed
application form the candidate will be provisionally
admitted.
Provided
that the application is found in order on being scrutinized by
a Dean of the faculty appointed by the Vice-Chancellor.
3.
After six months of his application, the candidate shall
be eligible to submit a synopsis of his proposed
research work along with the title of thesis (in seven copies)
duly forwarded by the supervisor and Head of the
Institution where the candidate is working. He shall be
required to make an oral presentation of the proposed
work before the Research Degree Committee (RDC) consisting
of the following members.
(i)
Vice-Chancellor or his nominee.
(ii) Dean
of the concerned faculty.
(iii) Head
of University Teaching Department in the subject.
(iv)
Chairman, Board of Studies in the Subject.
(v) One
external subject expert of the rank of University Professor to
be appointed by the Vice- Chancellor ordinarily out
of a panel of 5 experts given by the Chairman of the Board of
Studies.
The
external expert and two other members shall form the quorum.
Note: 1.
On the request of the supervisor(s), Vice-Chancellor may
permit him to be present as an observer during the oral
presentation of his candidate in RDC meeting.
2. No. T.A. & D.A. shall be payable to the
candidate and the supervisor for attending the Research Degree
Committee meeting.
4.
The meeting of the Research Degree Committee shall be held in
the University Office twice a year preferably in February and
October. The committee shall recommend the eligibility of the
person for the appointment as Supervisor/Co-supervisor. The
committee shall also prepare a list of approved
Supervisor/Co-supervisor along with their specializations as
per provisions of the candidate for the Ph.D. degree.
On
approval by the RDC the candidate shall be registered and
enrolled as a student from the date the Head of the Department
/ College / Institution forwarded the application or the date
on which the candidate deposits the registration fee,
whichever is later. He / She will also be required to pay
regular tuition, library and laboratory fees (six monthly)
during the research tenure.
Provided
that the RDC does not recommend a candidate for registration
to Ph.D. degree, the caution money deposited by the candidate
shall be refunded.
5. A
candidate shall ordinarily be permitted to work for Ph.D.
degree in the subject in which he/she has obtained his /her
master’s degree.
Provided that research work leading to Ph. D. degree may be
allowed in allied subjects of interdisciplinary nature of the
same faculty or of allied faculties. In such cases the
candidate may also be permitted to work under one or two
co-supervisors, along with the supervisor.
6. A
candidate shall pursue his research at the institution from
where his / her application form has been forwarded under
section 7(b) of the Ordinance.
Provided that a candidate permitted to work in a research
establishment recognized by the University shall be required
to take at least one co-supervisor along with the supervisor,
one of them should be the teacher of the University and the
other a Teacher/Scientist/Scholar/Director of Institution
where the candidate is actually working.
Provided also a candidate may be permitted to carry out
his/her practical work in a Research Institution/Research
Lab/Laboratory of a University recognized by the University
for the purpose under the supervision of a Scientist
/Director/Teacher of the Institution who may or may not be the
Co-supervisor of the candidate.
7.
The person recommended as Supervisor/Co-supervisor to guide
the Research Scholar must be:
(i) A
Professor/Reader/Lecturer in a University Teaching Department
or an Institution/ associated/ affiliated to any University
possessing a doctorate degree and has published five research
papers in Standard Research Journals.
OR
(ii) A teacher of the University Teaching
Department or a college affiliated to any University who has
obtained a Doctorate degree in the subject and published
atleast five Research papers in Standard Research Journals and
has atleast three years teaching experience after Ph.D.
OR
(iii) (a). A Scientist/ Scholar/ Director working
in a research institute/ organization/ establishment/
laboratory, recognized by the University as a research centre,
who has obtained a doctorate degree and published 5 research
papers on concerned subject in standard research journals and
has 5 years post-doctoral research experience.
(b) The
person recommended as co-supervisor to guide Research Scholar
together with Supervisor must be: A teacher/
Scientist/Director of any University/ Research Establishment
who has obtained a Doctorate degree, and has published at
least five research papers in standard Research journals with
5 year post-doctoral research experience.
(c). A
recognized supervisor who fails to publish any research paper
over a duration of five years shall not be eligible to enroll
any new candidate under his supervision. Provided that the
persons who have been recognized as supervisors/ Co-supervisor
shall be eligible to supervise even after superannuation.
Provided
also that the teacher who has been recognized as Supervisor/
Co-supervisor under the repealed ordinance shall continue to
be recognized Supervisor/ Co-supervisor provided further that
a person who is himself registered for Ph.D. degree of any
University shall not be eligible to act as Supervisor/
Co-supervisor or member of any committee mentioned in this
Ordinance.
8. (a)
The candidate shall pursue his research at the approved place
of research under the Supervisor/ Co-supervisor on the
approved subject. The candidate shall be permitted to submit
his/her thesis not earlier than 24 months and not later than
four calendar years from the date of registration. In case a
candidate does not submit his/her thesis within four calendar
years, from the date of registration and does not apply for
extension in time his/her registration shall stand
automatically cancelled. Provided that the period for
submission of thesis can be extended by one year by the
Vice-Chancellor. If he/she applies for extension atleast one
month before the expiry of the registration period together
with a fee of Rs. 1000.00. In case the candidate does not
submit his/her thesis within the extended period, his/her
registration shall stand automatically cancelled.
Provided also that Vice-Chancellor may permit a candidate to
get re-registered on the same topic on payment of a
re-registration fee of Rs. 5000.00. The minimum period of 24
month and attendance shall not apply to such re-registered
candidate.
(a). The candidate possessing M. Phil degree or a teacher with
5 years teaching experience at the time of registration can
submit his/her thesis after 18 months instead of 24 months as
provided in section 8(a) of the Ordinance.
(b) The candidate shall put in at least 200 days attendance in
the institute/department concerned or with the
Supervisor/Co-Supervisor.
9. The
candidate may be allowed to change the Supervisor by the
Vice-Chancellor on the recommendation of the committee
constituted by the Vice-Chancellor for this purpose under
special circumstances. No major change in the topic of
research will be permitted due to the change of supervisor.
10. The
University shall obtain after every six months, a record of
attendance, receipt of fees paid and a progress report of the
work of the Research Scholar through his/her supervisor.
The Research Scholar will make annual presentation of the work
done by him before the D.R.C. If the work is found
unsatisfactory by the D.R.C. the Research scholar may be
allowed to present his work before the D.R.C. within three
months time again. If the progress of work is again found
unsatisfactory the matter will be reported by the Chairman,
D.R.C. to the Vice-Chancellor for cancellation of registration
of the research scholar. If the progress of work is not found
satisfactory in two successive reports or no reports are
received for a period of one year and the candidate fails to
deposit fees, the Vice-Chancellor may order the removal of the
name of the Scholar from the list of those registered for the
Ph.D. degree.
11. (a)
The candidate shall submit six copies of the summary of the
thesis together with a list of research papers published,
communicated for publication, if any, through his Supervisor
to the Registrar about three months prior to the anticipated
date of submission of thesis.
(b). The Supervisors shall submit a panel of at least six
names of examiners actively engaged in the concerned area of
research not below the rank of Reader or College Professor in
a sealed cover to the Registrar Provided that the panel of
examiners shall be obtained from the Head, University Teaching
Department/ Chairman, Board of Studies of the Subject
concerned, in case the candidate is related to the supervisor.
(c). On the receipt of the panel of examiners from the
Supervisor and summary from the candidate, the Controller of
Examination / Registrar shall call a meeting of Examination
Committee of the subject constituted by the Academic Council.
The Committee considering the panel submitted by the
Supervisor/Head, University Teaching Department, Chairman,
Board of studies, will prepare a panel of six names to act as
examiners. The Vice Chancellor shall appoint two external
examiners out of the panel of six examiners.
The
Term Relations Shall Include: Father, Mother, Wife, husband,
Daughter, Son, Grand Son, Grand Daughter, Brother, Sister,
Nephew, Nice, Grand nephew & niece, Uncle Aunt, Son-in-law,
Sister-in-law, Mother-in-law, First-cousin in law etc.
12. The
candidate shall supply three type written/photocopies
hardbound of his thesis along with the following :-
(a) The candidate shall try as for as possible to
publish/communicate paper (s) for publication in Standard
Research Journals and published/communicated paper (s) be
appended.
(b) The thesis must be accompanied by a declaration from the
candidate that the thesis embodies his own work and he/she has
worked under the Supervisor/Co-Supervisor at the approved
place of work for the required period.
(c) The certificate from the Supervisor together with
Co-supervisor, if any, that the thesis fulfils the
requirements of the Ordinance relating to the Ph.D. degree of
the University,
(d) The candidate shall also remit the examination fee along
with the thesis.
13. On
receipt of the thesis along with the certificates and fee it
shall be sent to the examiners already consented as per para
11(C) of the Ordinance.
14. The
thesis to be accepted for the award of the Ph.D. degree must
comply with the following conditions:
(a) It must be a piece of research work characterized either
by the discovery of the facts or by a fresh approach towards
the interpretation of facts in either case it should evince
the candidate’s capacity for critical examination and sound
judgment.
(b) It must be satisfactory in point of language and
presentation of the subject matter.
15. The
examiners shall categorically recommend in the prescribed
proforma to be prepared by the academic council and approved
by the board of management acceptance or revision or rejection
of the thesis together with detailed comments on the points
spelled out in clause 14 of the Ordinance. The examiner must
also give a list of the questions if he so wishes to be asked
at the time of viva-voce examination.
16. (a)
The examiners may seek clarification of the subject matter of
the thesis from the Supervisor. The Provision will be
incorporated in the letter to be sent to the examiners while
sending the thesis.
(b) The Vice-Chancellor can recall the thesis from an examiner
who fails to send the report within three months of the date
of dispatch of the thesis and appoint another examiner.
17. (a)
In case both the examiners reject the thesis or one of them
rejects the thesis and the other recommends a revision, the
thesis shall be rejected.
(b) If both the examiners recommend for the revision of the
thesis, the candidate shall be called upon to revise the
thesis in the light of the observations of examiners.
(c) If one examiner approves the thesis and the other rejects
it or recommends for revision the thesis shall be sent to the
third examiner drawn from the panel of examiners by the
Vice-Chancellor without the reports of earlier examiners, the
report of third examiner shall be final.
(d) In case both the original examiners accept the thesis for
the award of the Ph.D. degree or in the event of its being
referred to the third examiner the third examiner accepts the
thesis for the award of the Ph.D. Degree, the candidate shall
be called upon to appear at the viva-voce examination before a
board of examiners comprising of the Supervisor, Co-supervisor
(if any) and one of the two examiners Selected by the
Vice-Chancellor. The Vice-Chancellor shall appoint Head of the
Department or Chairman Board of Studies of the subject
concerned to act as viva-voce examiner, in place of the
Supervisor in case the candidate is related to the Supervisor.
(e) The Supervisor/Head of the University Teaching Department,
Chairman Board of studies of the subject concerned, as the
case may be, shall be communicated the name of the external
examiner appointed by the Vice-Chancellor to conduct the
viva-voce examination. The date fixed for the viva-voce be
informed to the candidate and the Registrar.
Provided that in special circumstances the Vice-Chancellor may
appoint alternate viva-voce examiners if both the examiners
are not in a position to conduct the viva-voce examination.
(f) The
viva-voce examination shall be conducted at the University
Teaching Department in the subject or at nay place fixed by
the University for the purpose. The date, time and place of
viva-voce examination, shall be notified by the Registrar or
the Supervisor on the University Notice Board at least a week
or 3 days in advance. At the time of viva-voce examination,
the board of examiners shall be provided the reports of the
examiners which shall be returned along with the report of
viva-voce examination to the Registrar/Controller of
Examination.
(g) The
candidate shall present the work embodied in the thesis before
the board of examiners, members of faculty, research scholars
and other interested persons. After the presentation of the
research work, the Board shall question together with those
questions which have been given along with examiner’s reports.
Others in the audience can also ask questions and the
candidate shall reply only those questions which are permitted
by the external examiner.
(h) In
case, the recommendation of the viva-voce examiners differ
from that of the thesis examiner or there is a difference of
opinion between the viva-voce examiners, the candidate shall
re-appear at a second viva-voce examination within six-months.
If the candidate fails to satisfy the viva-voce examiners a
second time his/her thesis shall be finally rejected. Such
candidates would be required to pay an additional fee Rs.
2500.00 for second via-voce. The external examiner for second
viva-voce shall be appointed by the Vice-Chancellor.
18. If
the examiners recommend that the candidate be asked to revise/
improve his thesis, the Vice-Chancellor shall permit the
candidate to resubmit his thesis not earlier than six months
and later than eighteen months, the period being counted from
the date of the issue of order to the candidate. The candidate
shall be provided examiner(s) reports without disclosing the
names of the examiners to enable him/her to improve the
thesis. One copy of the thesis shall also be returned to the
candidate.
In case, the candidate is allowed to resubmit the thesis
he/she will have to pay a fee afresh at the time of
resubmission, but it shall not be necessary for him to
reproduce any certificate of further attendance at the
situation at which he/she carried out the work.
The resubmitted three copies of the thesis should clearly
mention that it is a revised version.
The thesis shall be got examined as far as possible by the
examiners who finally recommended for revision.
In case, both the examiners of revised thesis accept the
thesis for the award then the candidate shall be awarded the
Ph.D. Degree on successful viva-voce examination as per
provisions of the clause 17 of the Ordinance.
In case, a candidate is asked to revise the thesis under
clause 17(b) and one of the examiners recommends again for
re-revision and the other accepts the thesis for award then
the thesis shall be sent to the third examiner. If the third
examiner rejects or recommends for revision the thesis shall
stand rejected. If, he accepts for the award then the
candidate shall be awarded the Ph.D. Degree on successful
viva-voce examination as per provision of clause 17 of the
Ordinance.
In case, a candidate who has been asked to revise the thesis
under clause 17(c) and one of the examiners recommends again
for revision and the other accepts the thesis for award then
the candidate shall be awarded the Ph.D. Degree on Successful
viva-voce examination as per provision of clause 17 of the
Ordinance.
If the revised thesis is required to be revised a second time
it shall automatically stand rejected.
19.
Maximum number of research candidates that can be registered
and allowed to pursue research work under a supervisor at any
particular time shall be eight for Professor/ Readers and six
for Lecturers. The additional two candidates, if they are
getting fellowship, may be allowed by the Vice Chancellor
Provided that the candidates registered with the Co-supervisor
shall not be counted for the number of Candidates under a
Supervisor.
20. No
research scholar shall join any other course, study or appear
at any other examination conducted by any University leading
to degree (except Certificate/ Diploma Course of Languages,
Research Methodology, Statistics, Computer Courses).
21. The
thesis shall be published only with the permission of the
University and such publication shall state on the title page
itself that this was a thesis approved for the award of the
Ph.D. Degree of the University.
22.
After the viva-voce, the recommendation of the examiners shall
be reported to the Executive Council for the award of Ph.D.
degree to the Candidate. One Copy of the thesis will be kept
in the university Library and another copy will be kept in the
Departmental Library of the Institution where the research
work was carried out; the third will be returned to the
Supervisor.
23.
After the declaration of the result, the successful candidates
may be provided the copies of reports of examiners who
recommended for the award of the degree on payment of fee of
Rs. 500.00. The report will not disclose the identity of the
examiners.
24. The
candidates who have been already registered for Ph.D. Degree
under the repealed Ordinance will continue to be governed by
the provisions of this or repealed Ordinance.
The candidates who have applied for registration but have not
been registered till this ordinance comes into force shall be
governed by the provisions of the Ordinance.
On
detection of any irregularity, the University shall take
suitable steps to withdraw the degree as per provisions of
Section 6 (12) of the Chhattisgarh Private Universities Act,
2005.
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