YASHWANT BIRLA Vs. PT RAVISHANKAR SHUKLA UNIVERSITY

JUDGEMENT

(1.) PETITIONERS are studying Master of Computer Application course in Government Engineering College affiliated to Pt. Ravishankar Shukla University, Raipur, M. P. Through this writ petition, they have challenged the legality of Clause 13 of the Ordinance framed by the University in relation to Master of Computer Application Semester Examination under Section 38 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. For facility of reference, it is pertinent to quote Clause 13 of the Ordinance as under:-

(2.) UNDER Section 38 of the Adhiniyam, Ordinance making power is vested with the Executive Council. Section 39 of the Adhiniyam lays down procedure for making Ordinance. Clause 13 of the Ordinance quoted above envisaged that a candidate shall be eligible to appear in the succeeding semester examination only after having passed the preceding semester examination, provided that if a candidate fails in any one theory paper in any one semester examination, he will be permitted to the next semester course. A candidate failing in the theory paper of any semester shall be eligible to take examination of the paper in which he failed along with the next examination of the concerned semester. He shall be eligible to carry the backlog of one paper of each semester but in any case, he shall not be permitted to carry backlog of more than two papers at a time of one theory and one practical. For sustaining the plea of arbitrariness and discrimination, help is sought from the system prevailing in other Universities permitting backlog of two papers. We do not find any justification in the grievance raised by the petitioners.

(3.) UNIVERSITIES are autonomous bodies. They are created by the different Acts. They can provide for different courses and lay down conditions therefor. No grievance of discrimination can be raised nor claim for similar provisions asked for. It is for the University to decide what is best for the institution and the students. Simply because other Universities in the State have provided backlog of two papers for permitting the students to appear in the next semester examination, that would not invalidate the provision on ground of arbitrariness or violative of Article 14 of the Constitution of India.