S K GHOSH Vs. VICE CHANCELLOR UTKAL UNIVERSITY

JUDGEMENT

(1.) The petitioners are all students of the 2nd year M.B.B.S., Class of Shri Ramachandra Bhanj, Medical College, Cuttack. They appeared for the 1st M.B.B.S., examination of the Utkal University in Anatomy and Physiology in April 1951. The examination in Anatomy consisted of three parts, namely, (1) written (2) oral and (3) viva voce. The written examination consisted of two papers and it was held on the 9th and 10th April 1951. The practical examination was held on the 19th April, 1951 and the viva was held on the 28th April. The examinations were conducted by a Board of examiners which submitted the results to the Sydicate on the 21st April 1951. The Syndicate, instead of approving and publishing the results, passed the following resolution on that date.

(2.) The decision of the Syndicate was immediately notified to the students who thereupon filed a representation before the same Body for a reconsideration of the previous decision. The Syndicate considered this representation in another meeting held on the 28th April 1951 and passed the following resolution.

(3.) The Utkal University is a corporate Body created by an Act of Orissa Legislature known as the Utkal University Act, 1943 (Orissa Act XIII of 1943). Under that Act (See Section 8) the supreme governing body of the University is the Senate which consists of elected and nominated Fellows. The chief Administrative Body of the University is however the Syndicate (consisting partly of persons elected by the Senate and partly of officials) which is entrusted with the responsibility for controlling all examinations of the University (See Section 9 (6)). Provision is also made (See Section 7) for the post of a Vice-Chancellor with well defined statutory powers. He is required to preside at the meeting of the Senate and the Syndicate. The Governor of Orissa is appointed ex-officio the Chancellor of the University and he is given the power of annulling any proceeding of the University which is not in conformity with the Act or the Statutes framed thereunder (See Section 5 (6)). The Act empowers the Senate (subject to the approval of the Government) to frame Statutes for carrying out the provisions of the Act. Chapter IX of the Statutes describes in detail the constitution and the powers of the Syndicate. In Law 2 (2) of that Chapter the responsibility of the Syndicate to control the examinations of the University is reiterated and in Clause (e) it is expressly mentioned that the Syndicate shall have power.