IMPORTANT POINT
The court upheld the validity of Bodoland University Regulations that limit attempts for clearing backlog papers, finding them consistent with UGC guidelines.

JUDGMENT :

Vijay Bishnoi, C.J.

1. This writ petition is preferred by the petitioners challenging the validity of the Regulations 5.3 and 19.6 of the Bodoland University Regulations On Under- Graduate Degree Examinations Under Choice Based Credit System, 2015 (hereinafter to be referred as ‘Bodoland Regulations’)

2. In the writ petition, the petitioners have made the following prayer :-

“i) To declare the clause 5.3 and 19.6 of the Bodoland University Regulations on Under Graduate Degree Examinations Under Choice Based Credit System to be unconstitutional and null and void and ultra virus of Part III of the Constitution of India and or/or alternatively the Hon'ble High Court may be pleased to read down the section 5.3 and 19.6 of the Bodoland University Regulations on Under Graduate Degree Examinations Under Choice Based Credit System and declare that the clause 5.3 and 19.6 would not be applicable to the petitioners and further to direct the respondent authorities more particularly Bodoland university to declare results upon cause or causes shows after hearing the respective parties the Hon’ble Court may be pleased to make the Rule absolute on such unless or such direction or orders as Your Lordship may deemed fit and proper.”

3. The brief facts of the case are that the petitioners are the students of U.N. Academy affiliated to the Bodoland University and they have successfully cleared all the papers of B.Sc./B.A. course except one backlog paper. It is the case of the petitioners that for the purpose of clearing specific backlog papers, the students have submitted their examination forms with the requisite examination fees to appear fourth time in the said backlog paper and the same was accepted by the University. Pursuant to that, they appeared in the said examination but the respondent University withheld their results. Being aggrieved with the action of the Bodoland University of withholding their results, the petitioners preferred a writ petition, being, WP(C) 828/2022 before the Writ Court. However, in the Writ Court, the Bodoland University has taken a stand that the Regulation Nos.5.3 and 19.6 of the Bodoland Regulations do not permit fourth chance to any student to clear backlog paper and as such, the result of the petitioners have rightly been withheld by the University though they have appeared in the examination for the fourth time in the respective backlog paper.

4. Confronting with the said stand of the Bodoland University, the petitioners have preferred this writ petition challenging the validity of the Regulations 5.3 and 19.6 with the prayer which is already noted in the earlier part of the judgment. It is also to be noticed that the writ petition, which was preferred by the petitioners being aggrieved with the action of the Bodoland University of withholding their results, is still pending consideration before the Writ Court.

5. In the above facts and circumstances of the case, we confine ourselves to examine the validity of the Regulations 5.3 and 19.6 of the Bodoland Regulations only.

6. Learned counsel for the petitioners has argued that the Bodoland Regulations are framed as per the UGC guidelines issued in the year 2015. It is submitted that the main objective of the Bodoland Regulations is to improve choices of the students to keep up a changing education system. It is submitted that the Regulation 5 of the Bodoland Regulations specifically clarifies that a UG degree program for regular students shall be for minimum of three years and maximum of five years. It is further contended that Regulation 5.2 of the Bodoland Regulations clearly spells out that if a student fails to clear all the th semester examination within normal duration i.e. 6 semester, he/she can avail maximum of 10 semesters. It is submitted that the objective of these two regulations is to grant maximum chances within five years for completion of a course but the Regulation 5.3 of the Bodola