JASON GODFREY Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The petitioners are 6th Semester B.Com (Computer and Finance Application) students at the 4th respondent College, which has been granted autonomous status by the University Grants Commission for the period from 2014-14 to 2019-20. The 4th respondent college is affiliated to the 1st respondent University. The petitioners have completed their 5th semester course during October, 2017. In the 5th Semester examinations conducted during October-November, 2017 the petitioners failed in some subjects, the details of which are furnished in the nd paragraph of the writ petition. The petitioners were permitted to attend the 6th Semester classes from November, 2017 to February, 2018 and they are now attending the 6th Semester examinations conducted by the 1st respondent University from March, 2018.

(2.) The grievance of the petitioners is that, since they have failed in some subjects in the 5th Semester examinations, they will have to wait for one more year to write the supplementary examinations for the 5th Semester along with the regular junior batch. The petitioners therefore approached the 4th respondent college with a request to conduct a special supplementary examination for the 5th Semester immediately, so as to enable them to complete B.Com within the normal duration of the course. According to the petitioners, the Regulations of the 1st respondent University provide for the conduct of 'Save A Year' supplementary examinations for students who are faced with similar situation. However, the Manual of Examinations framed by the 4th respondent college under Section 116 of the Mahatma Gandhi University Act, 1985 (for brevity, 'the Act'), as amended by the University Laws (Third Amendment) Ordinance, 2014 does not provide for the conduct of 'Save A Year' supplementary examination. Based on the request made by the petitioners, the Principal of the 4th respondent College made Exts.P1 and P2 requests before the 1 st respondent University to approve the proposal to conduct 'Save A Year' examinations. However, the 1st respondent University has not so far taken a decision on the request made in Exts.P1 and P In such circumstances, the petitioners have moved this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to conduct supplementary examinations for the students undergoing Under Graduate courses in the 4th respondent College.

(3.) A statement has been filed on behalf of respondents 1 to 3, wherein it has been contended that the Manual of Examinations framed by the 4th respondent college under Section 116 of the Act does not contain any provision to conduct 'Save A Year' examination and as such, the 1st respondent University has no power to direct or allow the college to conduct any such examination. The 1st respondent University conducts examinations in accordance with its Regulations and Examination Manual, which are not applicable to autonomous colleges. The request made by the Principal of the 4th respondent College before the 1st respondent University to amend the Examination Manual cannot be entertained, since it is for the Academic Council of the 4th respondent college to frame the Examination Manual.