S ANANDA AND OTHERS Vs. VISVESWARYA TECHNOLOGICAL UNIVERSITY GNANA SANGAMA BELGAUM - 590018 REPRESENTED BY ITS VICE CHANCELLOR AND REGIONAL OFFICE VISVESWARAYA TECHNOLOGICAL UNIVERSITY RCHS LAYOUT ANNAPOORNESHWARINAGAR NAGARBHAVI BANGALORE REPRE

JUDGEMENT

(1.) THESE Appeals assail the Interim Order dated 03.09.2012 passed by the learned Single Judge in Writ Petitions Nos. 30489/2012 connected with W.P. Nos. 28129 -23228/2012. We shall decide the Appeals together with Writ Petition Nos. 36565 -37034/2012, which have been brought on our roster at the request of the learned counsel for the writ petitioners; their impleadment applications in the Appeals, stand withdrawn by them. The prayers in,/the writ petitions Nos. 28129 -28228/2012 are for the issuance of Certiorari striking down the Visvesvaraya Technological University Autonomous College Statute 2006 [for brevity 'VTUACS 2006'] framed under Section 48(A) of the VTU Act 1994 on the assertion that it is colourable and ultra vires and non est; and declaration that the VTUACS 2006' is discriminative among the same class of Bachelor of Engineering [for brevity 'B.E'] course students of Visvesvaraya Technological University [for brevity 'VTU'] and the law is in flagrant violation of Articles 14 and 16 of the Constitution of India; for a declaration that the facility of supplementary semester and supplementary examination conducted at the end of each academic year, as well as the make -up examination in Autonomous Colleges denies an equal opportunity to other students pursuing the B.E degree from the same University namely VTU in non -autonomous/Affiliated Colleges; a declaration that the supplemental examination, make -up examination, credit system and attendance regulations in the Autonomous Colleges is "arbitrary and illegal"; and for passing of "such other relief to compensate the loss of years by the petitioners and the monetary loss in the interest of justice and equity". Interim Orders have been prayed on the edifice of the main prayers delineated by us above.

(2.) AS already mentioned, Writ Petition Nos. 36565 -37034/2012 have been brought before us at the request made by the learned counsel for the petitioners. The prayers in the said writ petitions are for issuance of Mandamus directing the VTU to 'prescribe uniform examination system both internal and external including the syllabus in both Autonomous Colleges and other Colleges since the degrees are being conferred by the Parent University - VTU; for a declaration that the VTUACS 2006 'to the extent of prescribing different standards in starting of new courses and restructuring the courses and examination standards..as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India; to direct the VTU to recall the VTUACS 2006 or amend it to bring it in conformity with the VTU Regulations; to direct the Respondents to prescribe the courses based on uniform standard and pattern examination; to declare that denial of admission to the petitioners to 5th and 7th Semester of B.E. courses as arbitrary, discriminatory and violative of Articles 14 , 16 and 21 of the Constitution of India etc."

(3.) THE Petitioners before us are admitted in the sundry Affiliated Colleges of VTU in contradistinction to other students who are enrolled in Autonomous Colleges of the VTU. The latter have been established on the predication contained in the "Guidelines for Autonomous Colleges during Eleventh Plan Period [2007 -12]" formulated by the University Grants Commission, New Delhi [for brevity 'UGC']. The introduction contained in the XI Plan Guidelines notes that the affiliating system of colleges was originally designed when their number in a University was small. With the increase of colleges, the system has become unwieldy affecting academic development of individual colleges, which although possessing potential for offering programmes of a higher standard can achieve them only if they are granted freedom to do so. On these premises, 'The National Policy of Education [NPE] (1986 -1992) has granted, inter alia, the following freedoms to Autonomous Colleges: i) Determine and prescribe its own courses of study and syllabi, and restructure and redesign the courses to suit local needs; and ii) Prescribe rules for admission in consonance with the reservation policy of the State government; and iii) Evolve methods of assessments of students' performance the conduct of examinations and notification of results. In accordance with the National Policy, the M.S. Ramaiah Institute of Technology Bangalore [Autonomous Institute, Affiliated to VTU] has prescribed the following Regulations which are broadly the same m all other Autonomous Colleges. For the purposes of the dispute before us, we shall reproduce the following Regulations: 3.2 Maximum Duration 3.2.1 The maximum period within which a student must complete a full -time academic program is: 8 years for B.E., 10 years for B.Arch, 4 years for M.Tech, 4 years for MBA and 6 years for MCA. If a student fails to complete the academic program within the maximum duration as specified above, he/she will be required to withdraw from the program. However, the student can seek readmission to the first year of the program as a fresh candidate. 3.2.2 For students admitted under lateral entry scheme in B.E degree program, the maximum period within which a student must complete a full -time academic program is 6 years. If a student fails to complete the academic program within the maximum duration as specified above, he/she will be required to withdraw from the program. 3.2.3 The period is reckoned from the academic year in which the student is admitted first time in to the degree programme. 3.3 Semester Structure 3.3.1 Each academic year is divided into three semesters, two being main semesters and one being a supplementary semester. Main semesters are for regular class work. Supplementary Semester is primarily for failed students. The Institute may use this semester to arrange Add -on Courses for regular students and/or for deputing them for practical training. 3.3.2 Each main semester shall be of 19 weeks duration and this period includes time for Registration of courses, Course work, Examination preparation, Conduct of examinations, Assessment and Declaration of final results. 3.3.3 Each main semester shall have a minimum of 90 working days. 3.3.4 The supplementary semester shall be a fast -track semester consisting of eight weeks and this period includes time for Registration of Courses, Course Work, Examination preparation, Conduct of Examinations, Assessment and Declaration of final results. 3.3.5 All subjects may not be offered in the supplementary semester. The student has to pay a special fee prescribed by the college to register for a course in the supplementary semester. The supplementary semester is provided to help the student in not losing an academic year. It is optional for a student to make use of supplementary semester. Supplementary semester is a special semester and the student can not demand it as a matter of right. 3.3.6 The Academic Calendar is declared at the start of the semester. 9. ATTENDANCE REQUIREMENT 9.1 Each semester is considered as a unit and the candidate has to put in a minimum attendance of 85% in each subject with a provision of condonation of 10% of the attendance by the Principal for reasons such as medical emergencies, participation in sports, cultural activities, seminars, workshops and paper presentation, etc., at the level of University, State, Nation, etc. 9.2 The basis for the calculation of the attendance shall be the period prescribed by the College by its calendar of events. For late admission, attendance is reckoned from the date of admission to the program. 9.3 If a student does not fulfill the attendance requirements in any subject, he/she is not permitted to attend the Semester End Examination in that subject and is deemed to have been awarded "NE" grade in that subject.