( 1 ) THESE appeals under Clause 15 of the Letters Patent of the Court from a common judgment in the petitions under Article 226 of the Constitution of India raise the question whether Osmania and Kakatiya Universities in the State of Andhra Pradesh are under obligation to hold external examinations as were being conducted until the University Grants Commission (for short UGC) decided that no such external examinations be conducted by any of the Universities in the State.

( 2 ) IT is not in dispute that apart from holding regular courses of formal studies there has been a system of non-formal examinations for B. A, B. Com, B. Sc. ; and M. A. , M. Com. , M. Sc. Maths in vogue. Candidates in the non-formal system of studies were taken through external examinations for the aforementioned courses without undergoing regular classes in the colleges recognised or run by the Universities. They could prepare in their homes and appear for the examination by paying necessary fees. For the purpose of appearing in the examination they were, however, required to register their names and once registered they could appear in the examination within a period of five years. Universities issued prospectus every year calling upon the candidates to register their names for appearing in the examinations which normally held once in a year separately for under-graduate and post-graduate examinations. The eligibility criteria for appearing in the external examinations was apass in the pre-university examination or equivalent examination. Graduate level examinations were conducted in Part-I and Part-II. A candidate could appear in any such examination after a gap of two years between Intermediate and Part-I examination and after a gap of three years in Part-II examination. Candidates could appear for three years degree course in Part I and Part II simultaneously. In respect of post graduate degree examination two year s gap from the graduation was required. Universities, however, which conducted such examinations for more than two decades did not publish any programme for the year 1996 although one of the Universities, Kakatiya, in fact issued prospectus inviting applications from the candidates for registration of their names for appearing in the examination for undergraduate courses. Since Universities did not publish the programme for the external examinations for the year 1996, such persons who were beneficiaries of the non-formal education system mainly who are women and other weaker sections of the people and those who were in employment but were seeking improvement in their qualifications, thus, found themselves ignored and when wanted to know why such a thing was done by the Universities they learned that the UGC was opposed to any such non-formal system of education. Thus, aggrieved, the petitioners have moved this Court.

( 3 ) ACCORDING to the respondents the distant education scheme was introduced by the Universities at the instances of the UGC with the primary object to help the candidates who were not in a position to prosecute higher studies in the regular colleges. Number of students who had appeared in such examinations through-out the country, thus, are deprived by the attitude of the UGC which has prevailed upon the Universities to give up the non-formal system of education although no notification in this behalf has either been issued by the UGC or the respective Universities. In the counter affidavits filed on behalf of the respondent-Universities and the UGC it is stated that the system of distant or non-formal education is not altogether given up but it is decided that the same would be continued after introducing some modifications. The candidates would he registered for non-formal course of instruction and they would appear for the first examination at the end of two (2) years and at the end of three (3) years they would appear for the second examination from the date of registration, and the registration of the