AMIT KUMAR SRIVASTAVA Vs. KASHI VIDYAPITH

JUDGEMENT

(1.) The Petitioners on the basis of the admissions granted to them in the first year post-graduate course of study in the subject of 'Social work' for obtaining the masters degree in social works (M.S.W.) from the, Kashi Vidyapith, Varanasi have approached this Court by means of the present writ petition filed on 11th August, 1993 requiring the Respondents, the Kashi Vidyapith and its Vice Chancellor for permitting them to appear in the M.S.W. master of social works (Examination) 1st year which was scheduled to start from 3rd September, 1993 and to declare their result subsequently. Vide an interim order passed by this Court dated 2.9.1993, the Respondent No. 3 was directed to provisionally permit the Petitioners entirely on their own risk to appear in the forthcoming practical and theory examination 1993, the result of which was not to be declared till further orders by this Court and was to remain subject to the decision of the writ petition.

(2.) Pursuant to the aforesaid order, the Petitioners were permitted to appear in the theory and practical examinations but their results were not declared.

(3.) Kashi Vidyapith at Varanasi is a University governed by the provisions of the U.P. State Universities Act, 1973. The provisions contained in Section 7 of the aforesaid Act deal with the powers and duties of the University. Apart from various duties specified therein, a duty stands cast upon the University to provide for instructions in such branches of learning as the University may think fit and make provision for research and for the advancement and dissemination of knowledge. The stipulations contained in Section 7 aforesaid also require the University to Institute degree, diploma and other academic distinctions and to hold examinations for and to grant and confer degrees, diploma and other academic distinctions to and on persons who have persued course of study in the University, a constituent or affilliated college, or an associated college, and to hold examination for and to grant the degree of the Bachelor of Arts or Commerce or Master of Arts or Commerce to persons residing within the area of the University who have carried on private studies under conditions laid down in the Statute and the Ordinances.