Back
2003 Supreme(All) 1595
IN THE HIGH COURT OF ALLAHABAD
V. K. Shukla, J.
JITENDRA NARAIN GANGWAR AND ORS. - Appellant
Versus
U. P. TECHNICAL UNIVERSITY AT LUCKNOW AND ORS. - Respondents
C. M. W. P. 15865 Of 2003
Decided On : 08/01/2003
A.SRIVASTAV, AJAY BHANOT, M.P.S.Niranjan, N.TIVARI, U.N.Sharma, V.C.MISHRA, VIVEK MISHRA
Headnote:
ORDINANCE - U.P. TECHNICAL UNIVERSITY ACT, 2000 - SECTIONS 6, 14, 19, 21, 29 AND 30 - ORDINANCES 4.2, 4.3, 9, 10, 16 - WRIT PETITION - STUDENTS FAILED IN EXAM - SPECIAL EXAM - LEGITIMATE EXPECTATION - GRACE MARKS - B.PHARMA STUDENTS - ARTICLE 246, 254(2) OF CONSTITUTION OF INDIA - ENTRY 25 OF LIST III, ENTRY 66 OF LIST I OF SCHEDULE VII TO THE CONSTITUTION - ARTICLE 226 OF THE CONSTITUTION.
Fact of the Case:
Petitioners, after being selected in U.P. State engineering Admission Test, were accorded admission in respective Engineering Colleges. U.P. Technical University Act, 2000 came into being on 8.5.2000. Petitioners appeared in the examination and failed. Petitioners were agitating for holding of special examination. University authorities did not accept the demand of the petitioners. Petitioners filed writ petitions praying therein for holding of special examinations.
Finding of the Court:
1. Academic Council of the University has framed Ordinances, wherein duration of the course and procedure for selection has been provided for. Ordinance No. 4.2 provides that a candidate who has failed to pass or has not appeared or has not been permitted to appear at the examination of 1st and/or IInd semester of the first year twice and is also ineligible for the carryover system shall not be allowed to continue the studies further. Ordinance 4.3 provides that a candidate admitted has to complete his course within seven years and both the contingencies, it has been provided that in case the candidate fails to fulfil pre-requisite terms and conditions, then he shall not be allowed to continue his studies further. Ordinance No. 9 provides for promotion and Ordinance No. 10 relates to carryover system. 2. Academic Council, in the absence of their being any Regulation framed by the State government, has thus unfettered power, being the principal Academic body of the University, and there being no contrary provision in the Act or Regulations, has full authority to lay down and frame Ordinances for maintenance of standard of instruction, education and examination. 3. The ordinances framed by the University are statutory in nature. 4. The petitioners be permitted to complete their course during the period of seven years as has been prescribed for. This argument is also misconceived inasmuch as the aforesaid provision cannot be read in isolation and the same has to be read along with Ordinance 4.2, which clearly provides that in case a candidate has failed to succeed, then his candidature shall be rejected. 5. The claim based on legitimate expectation in any manner cannot ipso Jacto give a right to invoke this principle. 6. The provisions of 1987 Act covers the field of providing minimum standard of education in Pharmacy, and thus, 1991 regulations as framed under the Pharmacy Act, 1948 stands impliedly repealed. 7. The Academic Council has acted well within its competence in framing the aforesaid Ordinances, which in no way adversely affect the standard of education.
Issues: 1. Whether the Academic Council has any authority to frame Ordinance dealing with the standard of education and examination in absence of their being any Regulation framed by the State Government? 2. Whether the petitioners be permitted to complete their course during the period of seven years as has been prescribed for? 3. Whether the claim based on legitimate expectation in any manner can ipso Jacto give a right to invoke this principle? 4. Whether the provisions of 1987 Act covers the field of providing minimum standard of education in Pharmacy? 5. Whether the Academic Council has acted well within its competence in framing the aforesaid Ordinances?
Ratio Decidendi: 1. Academic Council, in the absence of their being any Regulation framed by the State government, has thus unfettered power, being the principal Academic body of the University, and there being no contrary provision in the Act or Regulations, has full authority to lay down and frame Ordinances for maintenance of standard of instruction, education and examination. 2. The ordinances framed by the University are statutory in nature. 3. The claim based on legitimate expectation in any manner cannot ipso Jacto give a right to invoke this principle. 4. The provisions of 1987 Act covers the field of providing minimum standard of education in Pharmacy, and thus, 1991 regulations as framed under the Pharmacy Act, 1948 stands impliedly repealed. 5. The Academic Council has acted well within its competence in framing the aforesaid Ordinances, which in no way adversely affect the standard of education.
Final Decision: Writ petitions dismissed.
( 1 ) IN Writ Petition No- 48219 of 2002 and Writ Petition No. 55529 of 2002, prayer has been made for issuing a writ in the nature of mandamus commanding the respondents to take special examination of the petitioners in the subjects in which they have failed and hold the next semester examination only thereafter, and permit the students to pass in all subjects of 4 years B. Tech. Course in 7 years. In Writ Petition No. 15865 of 2003, prayer has been made for issuing a writ in the nature of mandamus to permit the petitioners to attend 4th and 6th semester classes and fill their examination forms for 4th and 6th semester examination, and further for quashing ordinance Nos. 9. 3 and 10. 1 (Annexures-12 and 16 to the writ petition), and further for issuing a writ in the nature of mandamus directing the respondents to extend the benefit of 15 grace marks to petitioner No. 3 as awarded to the students of B. Tech. course.
( 2 ) BRIEF background of the case is that the petitioners after being selected in U. P. State engineering Admission Test, were accorded admission in respective Engineering Colleges, and thereafter each one of the petitioners has been pursuing his study. U. P. Technical University Act, 2000 came into being on 8. 5. 2000. The aforesaid U. P. Act No. 23 of 2000 has been promulgated with a view to provide for establishment of a Technical University in the State for the advancement and development of Technical education and other matters connected therewith. Sections 6, 14, 19, 21, 29 and 30 of the said Act being relevant are quoted below : "6. The University shall have the following powers and duties, namely : (a) to provide and upgrade education, training and research in technical education and to create entrepreneurship and a conducive environment for pursuit of technical education in close cooperation with Industries ; (b) to admit any college to privileges of affiliation or to enlarge the privileges of any college already affiliated, or to withdraw or curtail any such privilege and to guide and control the work of such colleges ; (c) to institute and confer degree or other academic distinctions ; (d) to hold examinations for, and to grant and confer degrees or other academic distinctions to, and on, persons, who : (i) have pursued a course or study in a college ; or (ii) have carried on research in a college recognised in that behalf by the University, under conditions laid down in the Regulations ; (e) to confer honorary degree or other academic distinction in the manner and under conditions laid down in the Regulations ; (f) to institute and award fellowships, scholarships, studentships, exhibitions and prizes in accordance with the Regulations ; (g) to demand and receive such fees and other charges as may be fixed by the Regulations ; (h) to make provisions for the advancement of technical education amongst classes and communities which are educationally backward ; (i) to make provisions for : (i) the maintenance of National Cadet Corps or other similar organisations ; (ii) physical and military training ; and (iii) sorts and athletic clubs ; (j) to make appointments of officers and other employees of the University to the posts created by the State Government; (k) to receive gifts, grants, donations or benefactions from the State Government or the Central government and to receive bequests, donations or transfers of movable or immovable property from testators, donors or transferors, as the case may be, and to hold and manage the same (l) to lay down the conditions of affiliation of colleges and to satisfy itself by periodical inspection that such conditions are safe guard ; (m) to co-operate or collaborate with other Universities and authorities in such manner and for such purpose as the University may determine from time to time ; (n) to do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University. 14. (1) Th
