Research › Search › Judgment

Madhya Pradesh High Court · body

2000 DIGILAW 312 (MP)

BRIJ MOHAN SHARMA v. JAWAHAR LAL NEHRU KRISHI VISHVAVIDHYALAYA, JABALPUR

2000-03-28

S.P.SRIVASTAVA

body2000
S. P. SRIVASTAVA, J. ( 1 ) HEARD the learned counsel for the petitioners as well as the learned counsel representing the respondents. ( 2 ) PERUSED the record. ( 3 ) THE petitioners had been granted admission in the B. Sc. (Ag.) IIIrd year course in Government College of Agriculture, Gwalior on 3-3-2000. The University/respondent No. 1 had issued an order on 8-3-2000 pursuant to which the provisional registration/admission issued in favour of the petitioners admitting them in the B. Sc. (Ag.) IIIrd year course on 3-3-2000 was cancelled by the dean, College of Agriculture, Gwalior vide the order dated 9-3-2000, a copy of which has been filed as Annexure-P/1. ( 4 ) THE petitioners have prayed for the quashing of the order referred to hereinabove and have also prayed for a direction requiring the respondents to permit the petitioners to appear at the examination of first semester of B. Sc. (Ag.) IIIrd year which was scheduled to commence from 22-3-2000. ( 5 ) A counter-affidavit/return has been filed by the respondents in opposition to the writ petition. ( 6 ) THE respondents have asserted that the petitioners had studied hardly for ten days in the session and in the circumstances they are not eligible for appearing at the IIIrd year first semester examination scheduled to start from 22-3-2000. In this connection, it has been pointed out that under the regulations framed by the Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur in exercise of the jurisdiction vesting with the University under its statutes, the students are required to attend all the lectures and laboratory/field practicals conducted during the semester and attend at least 75% of the scheduled classes, for which purpose theory classes and practicals are to be counted as separate paper/course. The regulations further provide that the regular teaching shall start from the day after the scheduled date of registration and be counted from that date till seven days preceding the date of commencement of theory examination. The academic regulations for degree programme 1988-89 provide that the academic year/session means a 12 months period during which a cycle of educational work is completed and is to commence on or after 1st July and there will be two semesters in an academic year/session. The academic regulations for degree programme 1988-89 provide that the academic year/session means a 12 months period during which a cycle of educational work is completed and is to commence on or after 1st July and there will be two semesters in an academic year/session. The regulations further provide that each semester will consist of minimum of 105 working days and at least 80% of the scheduled classes must be held in a semester. ( 7 ) IT has been urged by the learned counsel for the respondents that the IIIrd year B. Sc. (Ag.) course of studies as required under the regulations having statutory force has to be spread over in such a manner during the year that out of the two semesters, each semester consists of a minimum of 105 working days. The contention is that the statutory rigour of having a cycle of educational work and requirement of attending lectures and laboratory/field practicals spread over a specified period cannot be compressed. It is urged that if the method of imparting education for preparing a student to appear at the final examination of a degree course is required by the statute or the regulations framed by the University to be spread over a specified period, it is not open to any recognised educational institution to compress the period of imparting education and unless a student has received education in the prescribed manner he cannot be held eligible to appear at the final examination. ( 8 ) IN the present case, it is urged that the petitioners cannot by any stretch of imagination be taken to have received the education in the prescribed manner as required by the regulations having statutory force and therefore allowing them to appear at the final examination will be in utter disregard of the statutory provisions and will defeat the very object, for which the imparting of education was required to be spread over for a specified period. ( 9 ) THE learned counsel for the petitioners has however urged that the University having granted the admission cannot now turn around and deprive the petitioners from appearing at the final examination, specially when it is not disputed that there was no legal infirmity so far as the registration and the grant of admission to the petitioners was concerned. ( 9 ) THE learned counsel for the petitioners has however urged that the University having granted the admission cannot now turn around and deprive the petitioners from appearing at the final examination, specially when it is not disputed that there was no legal infirmity so far as the registration and the grant of admission to the petitioners was concerned. The contention is that once the University has granted the admission/registration to the petitioners, it was bound to permit them to appear at the final examination. ( 10 ) I have given my anxious consideration to the rival submissions. ( 11 ) I am of the considered opinion that it is not open for any educational institution to adopt a course of imparting education for preparing a candidate for appearing at a final degree course adopting a course/mode other than that which stands prescribed by the University in exercise of its jurisdiction flowing from its statute or the regulations framed thereunder. The period of imparting educational institutions for the course of study which is required to be spread over for a specified period cannot be compressed. The eligibility to appear at the final examination depends on the concerned candidates having studied the prescribed course in a prescribed manner. The granting of admission/registration has to be kept apart from the eligibility to appear at the examination on the conclusion of the prescribed course of study. The University has to ensure that no such situation is created where a candidate is put to a loss or his educational career gets affected on account of any such action on the part of the University which is contrary to the object and intention of the statutory provisions which the University itself is bound to carry out. ( 12 ) IN the aforesaid view of the matter, since the respondent-University had granted admission/registration to the petitioners on 3-3-2000 there could be no justification for the cancellation of the said registration/admission. The question which had to be considered was as to whether on the strength of that registration/admission, the petitioners were entitled to appear at the examination which was scheduled to take place on 22-3-2000. The question which had to be considered was as to whether on the strength of that registration/admission, the petitioners were entitled to appear at the examination which was scheduled to take place on 22-3-2000. If that was not permissible under the statute or the regulations framed by the University, in view of the fact that these students had not been able to complete the required course of studies in the manner prescribed, the only option left with the University was to provide the said petitioners an opportunity to complete the course of study and appear at the next examination. ( 13 ) THE learned counsel for the respondents has stated that on the strength of the registration/admission granted to the petitioners, they will be permitted to appear at the next B. Sc. (Ag.) IIIrd year first semester examination in case they successfully complete the prescribed course of studies in the prescribed manner. ( 14 ) IN the circumstances indicated hereinabove, this writ petition succeeds in part. The impugned order cancelling the registration/admission of the petitioners in the B. Sc. (Ag.) IIIrd year first semester course is quashed with the direction that the respondents shall permit the petitioners to appear at the next examination of B. Sc. (Ag.) IIIrd year first semester and provide the petitioners full opportunity to complete the course of studies in the prescribed manner on the strength of the registration/admission already granted to them. ( 15 ) THE writ petition shall stand disposed of in terms of the directions issued herein-above. Order accordingly. .