REBECCA SAJI MOSES Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) THE petitioners in all the above writ petitions were students of M.Tech, who completed the course from two different colleges, one under a private management and the other a self -financing college of the University itself. The petitioners completed their course of study in the year 2013. They failed in some subjects of the 1st and 2nd semester regular examinations, for which they appeared in the supplementary examinations and passed in the individual subjects. The petitioners in W.P.(C). Nos. 23768 of 2014 and 26258 of 2014 are persons identically situated, but with the difference that they failed in the supplementary examinations of the 1st semester and appeared in the subsequent supplementary examinations, the results of which are awaited.

(2.) THE issue agitated before this Court is, as to whether they can be declared passed in the semester examinations and are entitled to issuance of course certificate as per the Regulations of the University. Admittedly, except for the two petitioners, noted above, all the other petitioners have passed with Grade "E" or above in all the papers. Grade "E" is the minimum for a pass in the individual papers. The two petitioners referred above; but for the papers in which they have appeared in the second 1st semester supplementary examination, has also acquired pass grade of "E" or above in all the other papers. The University declined grant of course certificate on the ground that they do not have 6 [six] Semester Grade Point Average (for brevity "SGPA"] as prescribed in the Regulations.

(3.) THE petitioners primarily challenge the amendment to the Regulations, as having not been notified properly through the Colleges in which they were studying, and essentially, having no force of law for reason of the same having not been published in the Gazette as provided in the statute. To buttress the above contention, the learned counsel appearing for the petitioners refers to Sections 10, 39, 40 and 42 of the Mahatma Gandhi University Act, 1985 [for brevity "the Act"]. Section 39 indicates that, the power to make Regulations in academic matters are conferred on the Academic Council. Section 40(1) gives power to the Academic Council to provide for Regulations made under Section 39 to have effect from the date, which the Academic Council prescribes. Section 42 requires that all Statutes, Ordinances and Regulations made under the Act shall be published in the Gazette. Section 10(17) confers power on the Vice -Chancellor to take any decision, invoking the emergency clause; which decision has to be taken by the Syndicate or the Academic Council.