OSMANIA UNIVERSITY Vs. R MADHAVI

JUDGEMENT

(1.) These appeals under Clause 15 of the Letters Patent of the Court from a common judgment in the petitions under Article 226 of the Constitution of India raise the question whether Osmania and Kakatiya Universities in the State of Andhra Pradesh are under obligation to hold external examinations as were being conducted until the University Grants Commission (for short UGC) decided that no such external examinations be conducted by any of the Universities in the State.

(2.) It is not in dispute that apart from holding regular courses of formal studies there has been a system of non-formal examinations for B.A, B.Com, B.Sc.; and M.A., M.Com., M.Sc. Maths in vogue. Candidates in the non-formal system of studies were taken through external examinations for the aforementioned courses without undergoing regular classes in the colleges recognised or run by the Universities. They could prepare in their homes and appear for the examination by paying necessary fees. For the purpose of appearing in the examination they were, however, required to register their names and once registered they could appear in the examination within a period of five years. Universities issued prospectus every year calling upon the candidates to register their names for appearing in the examinations which normally held once in a year separately for under-graduate and post-graduate examinations. The eligibility criteria for appearing in the external examinations was apass in the pre-university examination or equivalent examination. Graduate level examinations were conducted in Part-I and Part-II. A candidate could appear in any such examination after a gap of two years between Intermediate and Part-I examination and after a gap of three years in Part-II examination. Candidates could appear for three years degree course in Part I and Part II simultaneously. In respect of post graduate degree examination two year's gap from the graduation was required. Universities, however, which conducted such examinations for more than two decades did not publish any programme for the year 1996 although one of the Universities, Kakatiya, in fact issued prospectus inviting applications from the candidates for registration of their names for appearing in the examination for undergraduate courses. Since Universities did not publish the programme for the external examinations for the year 1996, such persons who were beneficiaries of the non-formal education system mainly who are women and other weaker sections of the people and those who were in employment but were seeking improvement in their qualifications, thus, found themselves ignored and when wanted to know why such a thing was done by the Universities they learned that the UGC was opposed to any such non-formal system of education. Thus, aggrieved, the petitioners have moved this Court.

(3.) According to the respondents the distant education scheme was introduced by the Universities at the instances of the UGC with the primary object to help the candidates who were not in a position to prosecute higher studies in the regular colleges. Number of students who had appeared in such examinations through-out the country, thus, are deprived by the attitude of the UGC which has prevailed upon the Universities to give up the non-formal system of education although no notification in this behalf has either been issued by the UGC or the respective Universities. In the counter affidavits filed on behalf of the respondent-Universities and the UGC it is stated that the system of distant or non-formal education is not altogether given up but it is decided that the same would be continued after introducing some modifications. The candidates would he registered for non-formal course of instruction and they would appear for the first examination at the end of two (2) years and at the end of three (3) years they would appear for the second examination from the date of registration, and the registration of the candidates would be valid for a total period of six years. These modifications have been worked out with a view to maintaining academic excellence. The petitioners and any other person like any one of them can slill take the advantage of the distant education or non formal education facilities. The U6C in particular was not in favour of conducting examinations on the existing pattern and decided upon discontinuance of the external examinations with immediate effect and permit students who wanted to take advantage of the distant/non-formal education system only in the new format and new pattern. According to the counter-affidavit of the UGC, the matter regarding obtaining the degree in one sitting was under the consideration of the Commission since July 1994 and it was referred to a Committee for report with reference to the Academic soundness of private appearance in the examinations. The Committee headed by Mr.RG. Takwale, Vice Chancellor, Indira Gandhi National Open University made recommendations laying down the minimum standard of instructions for the grant of first degree through non-formal/distant education for the faculties of Arts, Humanity, Fine Arts, Music, Social Sciences, Commerce and Science regulations and stated that science regulations which were introduced in the year 1985 were made mandatory and they should be given effect to. The Committee also stated that awarding first degree within one sitting by private appearance was not in consonance with the regulations as there was no teaching-learning process in the Universities in non-formal distant education. On 20-2-1996 the Commission decided as under : "1. According to the UGC regulations of minimum standards, both the formal and non-formal degree course must be of three year duration. 2. The under-graduate programme has been generally accepted as three year programme in most of the Universities. However, It was noted that in some states, the Universities offer a two-year degree course after plus 2. However, such students are not eligible for admission to the Master's degree programme. 3. It was desired that the UGC regulations of minimum standards for formal as well as non-formal education be circulated to the Universities for compliance. 4. It was decided that the UGC requirement for a three year degree course should also be notified. 5. No private candidate should be permitted to appear for examination.''Pursuant to the above decision of the Commission, a communication was issued to all the Universities to implement the regulations. When the UGC, however, received representations that some students had already registered their candidature for one sitting graduate courses, the matter was considered on 10-9-1996 and once again it was decided as follows : "In view of the 1985 regulations for the minimum requirements for the first degree, no University is allowed to enrol candidates for one sitting B.A. degree course from the year 1996-97 onwards. Representations were received from many candidates. It was decided that the candidates already enrolled should complete their degree by the year 1998-99. The Universities violating this decision may be debarred from receiving plan assistance from the Commissioa The degrees of the candidates enrolled for the one time Bachelor's degree programme, up to the year 1995-96 may be treated as valid. The degree of the candidates declared valid may be treated on par with other degrees of the same University for all purposes, including admission to higher degrees and employment"The case of the Commission, thus, before the Court is that the regulations framed under Section 26(1)(f) of the University Grants Commission Act clearly stipulate that no student would be eligible for award of first degree unless he successfully completed three years degree course. Regulations which are published in Gazette and are effective from June, 1986, however, are observed in breach by many Universities. The Committee in its meeting 10-9-1996 took a firm stand as above only to achieve the aim of keeping the standard of education under control and for achieving excellence.