Ph. D. in LAW
Doctor of Philosophy (Ph.D.) in LAW
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-
- his / her qualification and experience;
- subject in which he / she proposes to work;
- the field or topic of Research work;
- 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.
5]. 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.
- Vice-Chancellor or his nominee.
- Dean of the concerned faculty.
- Head of University Teaching Department in the subject.
- Chairman, Board of Studies in the Subject.
- 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.
No. T.A. & D.A. shall be payable to the candidate and the supervisor for attending the Research Degree Committee meeting.
6]. 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.
7]. 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.
8]. 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.
9]. The person recommended as Supervisor/Co-supervisor to guide the Research Scholar must be:
- 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
- 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
- (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.
10]. 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.
11]. 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.
12]. 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.
13]. (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.
14]. 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.
15]. 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.
16]. 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.
17]. 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.
18]. (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.
19]. (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.
- (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.
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.
20]. 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.
21]. 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.
22]. 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).
23]. 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.
24]. 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.
25]. 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.
26]. 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.