SONAL V SHAH MISS Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) These two petitions by different students but against the common respondents viz. the Gujarat University and the State of Gujarat can be conveniently taken up together and disposed of by this common judgment as the questions canvassed in these petitions and also at the time of hearing were almost common. With the concurrence of the learned Advocates appearing for the respective parties the matters were heard together and are being disposed of by this judgment. A few facts require to be closely noted in order to comprehend the controversy which is the basis of these two petitions. The respondent No. 1 the Gujarat University is a Corporate body having a perpetual succession and a common seal capable of suing and liable to be sued by the said name. It is a body floated under the Act which was put on the statute books because it was found expedient to establish and incorporate a teaching and affiliating University in the (then) Province of Bombay to be known as the Gujarat University as a measure in the decentralization and reorganization of university education in the (then) Province of Bombay vide the Preamble of the Act known as the Gujarat University Act 1949 being Bombay Act No. L of 1949). The University since its establishment in the year 1949 has been clothed with certain powers which are enumerated in sec. 4 of the Gujarat University Act 1949 hereinafter referred to as the Act for brevitys sake. The University is having powers inter alia to provide for instructions to affiliated colleges to undertake specialization of studies to lay down the courses of instructions for various examinations etc. Clause (12) of sec. 4 of the Act specifically clothes the University with the powers to hold examinations or tests and confer degrees and diplomas on and grant certificates to persons who (a) have pursued approved courses of study in the University or not the affiliated college unless exempted therefrom in the manner prescribed by the Statutes Ordinances Regulations and Rules and have passed the examinations or tests prescribed by the University or (b) have carried on research under conditions prescribed by the Statutes Ordinance Regulations or Rules.

(2.) The University has got the Governor of Gujarat as its Chancellor and there are the Vice-Chancellor and other authorities of the University. The said authorities of the University are set out in sec. 15 of the Act. They are inter alia the Court the Executive Council the Academic Council and others. The Vice Chancellor is the principal Executive and academic officer of the University and his powers are enlisted in sec. 11 of the Act. The constitution of the Court is provided for in sec. 16 of the Act. It is a broad based body of the University having its members drawn from various sources. Its powers and duties are to be found in sec. 18. It was in the old days known as Senate. More important from the day to day administration point of view are the two bodies known as the Executive Council (erstwhile Senate) and the Academic Council referred respectively to in secs. 19 and 21 of the Act. The powers and duties of the Executive Council are to be found at sec. 20. It is a sort of a Managing Committee of the University. One of the powers of the Executive Council is to recommend to the Court the institution and conferment or grant of degrees degrees and certificates in the manner prescribed by Statutes; to recommend to the Court the conferment of honorary degrees; to appoint examiners; and to make provision for instruction teaching and training in such branches of learning and courses of study. Clause (xliii) gives the residuary powers of the University to this body the powers which are requisite to give effect to the provisions of this Act or the Statutes. The Academic Council referred to above is a body as its name suggests is having control and general regulation of the maintenance of standards of teaching and examination with the University. The Court above mentioned frames the Statutes by virtue of powers conferred on it under sec. 28 of the Act. The Executive Council is given power to issue Ordinances under sec. 29 of the Act and the Academic Council makes Regulations. These Statutes Ordinances and Regulations pertain to the field of activities of these bodies.

(3.) It is common ground that the Gujarat University to a larger extent is affiliating Colleges. It is also admitted that it every year holds examinations in various courses of studies and those who are successful at these examinations are having various degrees conferred on them. The spectrum of activity of this University extends to professional as well as non professional subjects. Professional subjects including medicine engineering pharmacy etc. Non-Professional courses are those pertaining to Arts Science Commerce education etc. This University also grants diplomas to certain students. Thus this University is having a wide network of Statutes Ordinances and Regulations in order to enable it to carry out its functions. Chapter 26 of the Ordinances deals with the details of examinations and the normal Schedule of such examinations O. 129 in particular deals with Conduct of Examinations. The column appended to that Ordinance sets out a number of examinations in various Faculties and the ordinary date of commencement of those examinations.