Universities can establish their own academic regulations which prevail over AICTE guidelines, provided they do not dilute existing standards.

JUDGMENT

Petitioner passed B. Tech. (Mechanical) Course from G.B. Pant Agriculture and Technology University in the year 2009 with Overall Grade Point Average (OGPA) of 6.461 on 10.000 scale. According to the Academic Regulations of the concerned University, anyone who scores less than 6.750 OGPA, would be declared as having passed the Course with Second Division marks.

2. Petitioner was desirous of appointment as Assistant Professor and he responded to an advertisement issued by National Institute of Technology (NIT), Srinagar, Pauri Garhwal. His application was not accepted by NIT, Srinagar, only on the ground that he passed B. Tech. Course with Second Division marks. As per the advertisement, only candidates with First Division marks in B.Tech. were eligible. Thus, feeling aggrieved, petitioner has approached this Court seeking following reliefs:-

“a) Issue a writ, order or direction in the nature of Certiorari quashing the clause 31 of the Statute/Academic Regulation of G.B. Pant University Pantnagar Udham Singh Nagar, so far it declares the candidates having 60% to 67.4% aggregate marks in their B. Techn Degree as “IInd Division”.

b) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondent no. 5&6 to declare the petitioner as passed the B.Tech degree with First Division and also to mention Grade in the mark sheet and accordingly fresh mark sheet of B.Tecch may be issued in favour of petitioner.

c) Issue a writ order or direction in the nature of Mandamus directing the respondent no2 to provisionally accept the application form of the petitioner for the post of Assistant Professor subject to final decision of the present petition on the basis of 64.610 percentage in B.Tech course of petitioner.

d) Issue a writ order or direction in the nature of Mandamus directing he respondents to decide the representation of petitioner.”

3. Mr. Yogesh Pacholia, learned counsel appearing for All India Council for Technical Education (AICTE) submits that although as per AICTE norms, any student who has scored 60% marks in B. Tech. / M. Tech. Course can be declared as having passed with First Division, however, he submits that since Universities are autonomous bodies which are governed by their Act and Statutes, therefore, a State University is free to fix the criteria for award of First, Second or Third Division. He submits that since Clause 31 of Academic Regulations of G.B. Pant University of Agriculture and Technology provides that a student, whose score of Overall Grade Point Average (OGPA) in B. Tech. Course is between 6.000-6.749, would be declared as Second Division, anyone who scored OGPA between 6.750- 7.749, would be declared as First Division and anyone with OGPA of 7.750 or above, would be declared as First Division with distinction, therefore, the Academic Regulation of the concerned University would prevail upon AICTE guidelnies.

4. Mr. Shubhang Dobhal, learned counsel appearing for the University submits that the University was established under U.P. Krishi Evam Prodhyogik Vishwavidyalaya Adhiniyam, 1958, and Section 29 of the said Act enables the State Government to frame First Statutes and Section 30 of the said Act authorizes the University to make Academic Regulations. He thus submits that since Academic Regulations made by the University are statutory, therefore, they will prevail upon the guidelines issued by AICTE.

5. We find substance in the submission made by Mr. Dobhal, learned counsel appearing for G.B. Pant Agriculture and Technolgoy University. Since the Academic Regulations of the University, which have statutory flavour contain provision different from AICTE guidelines, therefore