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2025 Supreme(Bom) 1491

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH AT NAGPUR
ANIL L. PANSARE, RAJ. D. WAKODE, JJ.
 
Aman Jaiswal, S/o Shyam Bihari Prasad Jaiswal – Petitioner 
Versus
Vice Chancellor, Maharashtra National Law University, Nagpur, Village Waranga, Borkhedi, Maharashtra and Ors. – Respondents
Writ Petition No. 4727 of 2025
Decided On : 28-11-2025 
 

Advocates Appeared:
For the Petitioner: Mr. Kartik N. Shukul with Mr. Gaurav Khatwani, Advs.
For the Respondents: Mr. Yash Vyankatraman, Adv.

Recommendations of the Student Grievance Redressal Committee are mandatory for universities and must be implemented without requiring approval from competent authorities.

Headnote:(A) University Grants Commission Act, 1956 - Section 26 - Recommendations of Student Grievance Redressal Committee (SGRC) under the Regulations of 2023 - Binding nature of recommendations - The court held that the recommendations made by the SGRC are mandatory and the institution must comply with them. The absence of provision for approval indicates they are to be implemented directly. Regulations detail consequences for non-compliance, reinforcing their binding nature. (Paras 4, 11, 18, 22)

(B) Educational Institutions - Attendance Policy - Importance of maintaining a balance between educational discipline and student welfare - The right of students to pursue their academic goals should not be unduly hindered by attendance regulations. (Paras 19, 20)

Facts of the case:
The petitioner, a law student, was debarred from attending examinations due to inadequate attendance, after being directed to vacate the hostel. He approached the SGRC, which recommended his eligibility for special examination, but the University did not comply with the recommendations.

Findings of Court:
Recommendations of SGRC are mandatory as per the relevant regulations and must be honored by the institution. The court directed the implementation of these recommendations.

Issues: Whether the SGRC recommendations are binding on the University and the implications of attendance norms on academic progression.

Ratio Decidendi: The SGRC's recommendations constitute binding directives due to regulatory provisions; the University must comply regardless of institutional discretion.

Result: Petition allowed; respondents directed to implement SGRC recommendations.

Table of Content
1. issue of student debarment due to attendance. (Para 3 , 4 , 5 , 6)
2. recommendations from sgrc for special exams. (Para 7 , 8)
3. binding nature of sgrc recommendations. (Para 10 , 11 , 12)
4. mandatory implementation of sgrc directives. (Para 13 , 14 , 15)
5. legal precedents affirming sgrc's mandatoriness. (Para 17 , 18 , 19)
6. petition allowed, sgrc recommendations mandated. (Para 22 , 23 , 24)

JUDGMENT :

ANIL L. PANSARE, J.

Heard.

2. Issue Rule, returnable forthwith. Mr. Yash Vyankatraman, learned counsel waives service of notice for the respondents. With consent of learned counsels for the parties, the petition is taken up for final hearing.

3. The question that falls for our consideration is whether the recommendations made by Student Grievance Redressal Committee (SGRC) constituted under the provisions of the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 (hereinafter referred to as ‘the Regulations of 2023’) is/are binding on the Institution.

4. The Regulations of 2023 were made in exercise of powers conferred under clause (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (hereinafter referred to as ‘the Act of 1956’).

5. Respondent no. 4 is the Law University represented by the Registrar. Respondent no. 1 is the Vice Chancellor of the Law University and respondent no. 3 is Convenor and Members of Examination Committee of the Law University. The petitioner is a law student admitted to B.A. LL.B. (Hons.) programme of the University. He was admitted in the year 2021. In November, 2023, he was debarred from the 5th Semester examination due to inadequate attendance. On 11-1-2024, he was declared non promoted to the next academic year with a direction to re-register as ex-student. On 19-7-2024, respondent no. 4 directed petitioner to vacate the hostel as he was not promoted to next academic year. In November, 2024, he was denied permission to appear for 5th Semester examination. The reason cited was inadequate attendance for the period from July to November, 2024, despite the fact that he was directed to vacate the hostel.

6. The petitioner approached this Court through Writ Petition No. 4878/2024 having been disallowed to appear in 7th Semester examination on account of lack of attendance for 5th Semester. The petition was dismissed holding that lower limit of relaxing attendance criteria is 67%, below which, the authorities do not have any discretion to relax the said criteria. The petitioner had not satisfied the said attendance criteria. Accordingly, the petition was dismissed. Thus petitioner’s plea to appear for 7th Semester examination was rejected. The case of petitioner for appearance in 5th Semester was not the issue.

7. The petitioner and one another then approached Students Grievance Redressal Committee (SGRC) constituted under Rule 5 of the Regulations of 2023. Following points were deliberated in the meeting held on 12-4-2025 and on 7-5-2025, certain recommendations were made which read as under.

“AGENDA 1 : Application of Ms. Janhavee Harne (UID-UG22-56)

The student had submitted a petition stating that she was required to vacate the hostel vide the email received from the office of The Registrar on 19-04-2024 enclosed as Annexure ‘A’. Accordingly, she vacated the hotel and could not attend the classes. Thereafter, she was debarred from appearing in the exam in two papers due to shortfall of attendance. She further submitted that earlier re-registered candidates were not required to attend the classes. She also brought to the notice of the SGRC committee that her ERP was also not updated and no clarifications were given to her on many issues such as Fee structure, ERP update, etc.

The committee after due deliberations came to the conclusion that since the student was required to vacate the hostel, she could not be detained for not attending the classes.

In view of the above, it is recommended that a special exam should be conducted for

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