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1981 Supreme(SC) 272

SUPREME COURT OF INDIA
(BEFORE R. S. PATHAK AND BAHARUL ISLAM, JJ.)
STATE OF KERALA
Versus
KUMARI T. P. ROSHANA AND ANOTHER
Civil Miscellaneous Petition No. 6945 of 1981 [in Civil Appeal No. 2297 of 1978], decided on April 20, 1981

Headnote:

Civil Miscellaneous Petition - Uniform curriculum - Counsel it seems to us desirable to modify terms of direction contained in judgment of this Court requiring universities to draw up a uniform curriculum and a common examination system and allied matters – Held, It appropriate to relax the rigidity of direction made by this Court, and for original Order we substitute Order that two universities shall, to extent reasonably possible, draw up a uniform curriculum and arrange for a common examination system in order to reduce inequality (where the removal of complete inequality is not possible) between students belonging to one university or other within State – Order accordingly.

ORDER

After hearing learned counsel it seems to us desirable to modify the terms of the direction contained in the judgment of this Court dated January 17, 1979* requiring the universities to draw up a uniform curriculum and a common examination system and allied matters. It appears that the universities concerned have made a serious attempt to comply with the direction but they do not find it possible to make full compliance because, it is said, local conditions governing the two universities prevent them from doing so Perhaps having regard to the peculiar conditions governing the working of State of Kerala v. T. P. Roshana, (1979) 1 SCC 572 (Courts directions in para 44. page 589)each university and the needs which they are intended to satisfy it is not possible to achieve the result intended by the Order of this Court. In the circumstances we think it appropriate to relax the rigidity of the direction made by this Court, and for the original Order we substitute the Order that the two universities shall, to the extent reasonably possible, draw up a uniform curriculum and arrange for a common examination system in order to reduce the inequality (where the removal of complete inequality is not possible) between the students belonging to one university or the other within the State.

For Citation : (1981) 4 SCC 512

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