INDRA DEV Vs. MEERUT UNIVERSITY MEERUT

JUDGEMENT

(1.) THE scope and ambit of the power of the Vice-Chancellor under sub-section (5) of Section 10 of the Kanpur and Meerut Universities Act, 1965, is the only question involved in this appeal.

(2.) THE petitioner was a student of the Ishwar Dayal Parsandi Devi Degree College, Bulandshahr, affiliated to the Meerut University. He joined the college in July, 1971, and offered Botany, Chemistry and Zoology as the subjects for the B.Sc. Degree. The existing ordinance required that a candidate must obtain 20% marks in each subject in theory and practical separately and 33% in the aggregate in order to secure a pass. The marks secured by the petitioner entitled him to be declared successful if the existing ordinance governed his case. Before the academic session started in July, 1971, the Vice-Chancellor, in exercise of the power conferred on him by Section 10 (5), passed an order on 30th June, 1971, amending the existing ordinance. The amended ordinance provided that the pass percentage of 33% or 36% (as the case may be) be required both in the Theory and practical separately. The amended provisions came into force with effect from July 1, 1971. In view of the amended ordinance, the petitioner was declared unsuccessful at the B.Sc. Examination. There is no dispute that, if the amended ordinance applied to the case of the petitioner, he did not secure pass marks.

(3.) LEARNED counsel for the appellant contended that the words "immediate action" and "take action" suggest executive and administrative actions and these words could not refer to the legislative function of framing or amending an ordinance. We do not find any justification for limiting the scope of the aforesaid words to executive and administrative actions only. The amendment of an ordinance is also taking an action. Etymologically and grammatically also the expression "Legislative action" is as correct as the expression "administrative or executive or disciplinary action."