BABULAL Vs. SUKHADIA UNIVERSITY UDAIPUR

JUDGEMENT

(1.) A common question is involved in all the writ petitions, so it will be convenient to dispose them of by a single-order. Hence, these petitions are being disposed of by this order.

(2.) The petitioner got admission in Five Years' Degree Course (Traditional Scheme) of the Bachelor of Engineering (Agriculture) in the College of Technology and Agricultural Engineering. The petitioner appeared in the First Year Examination, but was awarded Supplementary, as having failed in 3 Units. He appeared in the Supplementary Examination, which he cleared. Simultaneously, he was allowed to join the Second Year of the Five Years' Degree Course. In the Second Year Examination, held in August, 1984, the petitioner failed in more than three Units. So far as the failure of Second Year, Third Year, Fourth Year and Fifth Year are concerned, a scheme was introduced that the failures be admitted in First Year, Second Year, Third Year and Fourth Year of the 4-Year Degree Programme, respectively. As per this scheme, the petitioner is now required to join First Year, as he has failed in the Second Year. The petitioner has challenged-the said scheme of Four-Year Degree Course.

(3.) Mr. M. Mridul, learned counsel for the petitioner, first of all, contended that the introduction of Four-Year Degree Course is bad, in as much as the Academic Council, was not justified to accept the recommendation of the Faculty of Technology and Agricultural Engineering. For introduction of course, the matter should be initiated in the Board of Studies and it is only on recommendation of the Board of Studies, the matter can be considered by the Academic Council. Admittedly, Board of Studies has not been constituted and the question of consideration of Four-Year Degree Course by the Board of Studies and recommendation of the Board of Studies does not arise and the Academic Council could not act on the recommendation of the Faculty. Mr. M. Mridul pointed out that the provision of constitution of the Board of Studies is a mandatory provision. Board of Studies is one of the authorities of the University, as is provided in S. 9. Cl.(b), Item IV of the Udaipur University Act, 1962. S. 24 of the Act provides that the duties of the Board shall be to recommend to the Academic Council the syllabi for an integrated and well balanced course of study.