Judgment

ORDER :- We have heard learned Solicitor General for the Jawaharlal Nehru University and Sri N. N. Goswamy, learned senior counsel for the respondents. Special leave granted.

2. This appeal arises out of and is directed against the order dated 30th November, 1992 of the High Court of Delhi in Civil Writ Petition No. 4108 of 1991, quashing certain resolutions of the Academic Council of the Jawaharlal Nehru University which sought to cancel and to withhold the results of a special examination held for a certain Deep Shikha Bammi, a candidate in the 10th semester of the Japanese language course. The High Court directed the publication of the withheld result and the consequential conferment of a Degree of Master of Arts in Japanese language on the said Deep Shikha Bammi.

3. The run of events in the University leading to the litigation is somewhat extraordinary. The somewhat unusual interest evinced by the concerned academic functionaries in advancing the interests of this candidate appears to have compelled the Academic Council of the University to interfere in and set aside an examination held exclusively for the candidate.

After hearing counsel, we find it difficult to sustain either the reasoning of or the conclusion reached by the High Court. We think the Academic Councils resolutions holding the special examination invalid did not call for interference in judicial review.

4. The facts are these : Deep Shikha Bammi, daughter of Major General Y. M. Bammi (who brought the writ petition before the High Court on her behalf), was a student of Japanese language in the Centre of East Asian Languages in the Jawaharlal Nehru University. On successful completion of 6 out of 10 semesters she would become entitled to the Degree of Bachelor of Arts. Successful completion of the next four semesters i.e. 7th, 8th, 9th and the 10th would entitle her to the conferment of a Masters Degree. The evaluation of performance of each semester includes an assessment of the sessional performance as well as marks obtained at the examination to be held at the end of each semester. The evaluation is thus in two parts - one consisting of sessional evaluation to the extent of 50% and the other marks obtained at the examination for the other 50%.

It is not disputed Deep Shikha Bammi after completing the six semesters also satisfactorily completed the 7th, 8th and 9th semesters. She also satisfied the sessional requirements of the tenth semester. The sessional assessment for the tenth semester was available. She had to take and pass the 10th semester examination in April 1991 to attain eligibility for the Masters degree. She appears to have secured an opportunity for further education in Japan and had to leave India before the tenth semester examination. The Chairman of the Centre without permission of the University evolved a method of his own to meet the special requirements of this candidate and held a special examination for her benefit in March, 1991, well ahead of the regular 10th semester examination which was due to be held in April 1991.

The validity and propriety of this procedure was examined by the Academic Council of the Jawaharlal Nehru University. That academic authority, apparently, was not impressed with either the bona fides, or the wisdom, the legality or the propriety of the action taken by the Chairman of the Centre. The Academic Council decided not to recognise that examination as a valid one entitling Deep Shikha Bammi to the conferment of a degree on the basis of her performance at that special examination. The results of the said special examination were directed to be withheld. The decision on the part of the Academic Council was assailed in the writ petition brought by her father on her behalf.

5. Pursuant to certain interlocutory orders made by the High Court. the candidate again attended some of the classes of the tenth semester of 1992 and sat for the regular examination of the 10th semester held in 1992. The Academic Council, a