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2018 Supreme(Mad) 2495
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, S. RAMATHILAGAM, JJ.
S. Megharaj & Ors. - Appellants
Vs.
Anna University, represented by its Registrar, Guindy, Chennai & Ors. - Respondents
W.A. No. 1159 of 2018 and C.M.P. No. 9313 of 2018
Decided On : 01-10-2018
For the Appellants : Mr. Muthumani Duraisami, Mr. Kandhan Duraisami.
For the Respondents:Mrs. Narmatha Sampath Additional Advocate General Assisted by Mr. M. Vijayakumar Senior Counsel, Mr. V.V. Vijayarajan.
Headnote:
Anna University Regulations, 2017 - Clause 1(iii), 5.1 and 14.2- Course” means- Intra-Court Writ Appeal - contention of the Petitioners that the students, who failed in odd semester subjects shall be permitted to take up another examination during the examinations scheduled for even semesters would amount to the Court imposing conditions, which are not contemplated in the Regulations - 1st Respondent / Anna University, Chennai had framed the Regulations, 2017 [CBCS] after involving the Teachers Alumni, which had involved in the deliberations at the time of framing the Regulations, 2017 [CBCS] [through the Syllabus Sub-Committee and Board of Studies before finalising the said Regulations, 2017] also considering the attendant facts and circumstances of the present case in an encircling manner, comes to an irresistible conclusion that the Appellants / Writ Petitioners have no Enforceable Legal Right to seek the relief of Writ of Mandamus, in the considered opinion of this Court. Furthermore, in Academic Matters / Standards, a Court of Law is not ordinarily to interfere and it is for the Experts in the field to look into the same. To put it succinctly, a Court of Law cannot usurp the power and functions of the Academic Experts, who are the best suited persons in the Education Field to prescribe necessary standards in Education governing the concern field. Moreover, this Court on going through the Impugned Order dated 26.04.2018 in W.P.No.9291 of 2018 is of the considered opinion that the Learned Single Judge had rightly observed that Course means the subject that is going to be taught, for which the minimum number of students of five is required and not for taking up of examination. That apart, the Learned Single Judge had proceeded to observe in the Impugned Order in W.P.No.9291 of 2018 that Since the conduct of arrear examinations once in six months had been dispensed with and the student is permitted to take up the examinations in the odd/even semester, depending upon the arrear papers, the Petitioners [Writ Appellants] are not prevented from taking up odd-semester examination, whenever odd-semester examinations are conducted etc., In short, the Impugned Order of the Learned Single Judge dated 26.04.2018 in W.P.No.9291of 2018 is free from any flaw - Writ Appeal is dismissed
M. VENUGOPAL, J.
Heard the Learned Counsel for the Appellants and the Learned Counsel for the Respondents.
2. The Appellants / Petitioners have preferred the instant Intra-Court Writ Appeal [as an aggrieved persons] against the Order dated 26.04.2018 in W.P.No.9291 of 2018 passed by the Learned Single Judge.
3. Earlier, the Learned Single Judge while passing the Impugned Order on 26.04.2018 in W.P.No.9291 of 2018 [filed by the Appellants as Writ Petitioners] at Paragraph Nos.7 to 11 had observed the following :
“7. For better understanding, Clause 1(iii), 5.1 and 14.2 of the Anna University Regulations, 2017 and the definition of “Course” are extracted below :-
1 (iii) “Course” means Theory or Practical subject that is normally studied in a semester, like Applied Mathematics, Advanced Thermodynamics, etc.
5.1. The Institution is responsible for registering the courses that each student is proposing to undergo in the ensuing semester. Each student has to register for all courses to be undergone in the curriculum of a particular semester (with the facility to drop courses to a maximum of 6 credits (vide clause 6.5). The student can also register for courses for which the student has failed in the earlier semesters. In such cases the student shall do reappearance registration for those courses for which the attendance requirement is not compulsory. However, the student have the option to take up some other professional elective or open elective that he has failed to pass. But, the total number of credits that a student is allowed to register per semester cannot exceed 36. The registration details of the candidates may be approved by the Head of the Institution and forwarded to the Controller of Examinations. This registration is for undergoing the course as well as for writing the End Semester Examinations. No course shall be offered by any department of any institution unless a minimum 5 students register for the course.
14.2. If a student fails to secure a pass in a theory course (except electives), the student shall do reappearance registration for that course in the subsequent semester, when offered next earn continuous assessment marks and attend the end semester examination.”
8. Heard the learned counsel appearing for the parties and perused the materials available on record.
9. A reading of Clause 5.1 of the Anna University Regulations, 2017 makes it clear that the student will have to register for all courses, for which minimum number of students required is 5. It is stated that the student can also register for courses for which the student has failed in the earlier semesters. In such cases, the student shall register his re-appearance for those courses, for which, attendance is not compulsory. It is nowhere stated that the Petitioners would be prevented from taking up examinations. Even though it has been stated that the Petitioners would take up examinations as and when the other students appears for the examinations, it would mean that the Petitioners will take up the arrear examinations in the failed subjects, either in the odd-semester or in the even-semester, as the case may be.
10. The contention of the Petitioners that the students, who failed in odd semester subjects shall be permitted to take up another examination during the examinations scheduled for even semesters would amount to the Court imposing conditions, which are not contemplated in the Regulations.
11. From a reading of the entire provisions extracted supra, it is very clear that “Course” means the subject that is going to be taught, for which the minimum number of students of five is required and not for taking up of examination.”
and disposed of the Writ Petition with the aforesaid directions and observations.
4. The Learned Counsel for the Appellants brings it to the notice of this Court that M.B.A. is two years programme comprising of four Semes
