K SUNIL Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by the students who have joined the various Engineering Colleges for the Engineering Course under the University of Kerala. Regulation 11 framed by the University insists on a pass of all subjects in Semester numbers 3 and 4 for being admitted to 7th semester. The petitioners were not able to pass all the subjects of the semesters 3 and 4. They made a plea for relaxation. That was considered favourably by the Syndicate. A resolution was passed on 26-2-1986, by which it was resolved :

(2.) Ordinarily, and without any other intervening factors, the petitioners would have been allowed to join the 7th Semester on the basis of the above decision of the Syndicate. The Vice-Chancellor of the University, however, felt that the resolution was beyond the competence of the Syndicate, and that the resolution could be treated only as of a recommendatory nature and the correct and competent authority for dealing with such an academic matter is the Academic Council itself.

(3.) It may be noted that the above resolution had been passed by the Syndicate after a judgement of this Court in O.P. Nos. 269, 729, 811 and 813 of 1986 dated 12-2-1986 wherein this Court had directed the University to consider the question whether any relaxation in relation to clause 11 of the Regulation was justified in the circumstances. The judgement upheld the validity of the Regulation, as had been done by this Court on earlier occasions in O.P. Nos. 5383, 3223, 9510, 4568 of 1983 and connected cases of 1983.