V. GOPALA GOWDA, J. ( 1 ) AS per the Memos filed by the learned counsel for the petitioners, permitted to delete respondents 5 to 9 in W. P. Nos 4630-49/2005 and Respondents 5 to 8 in W. P. Nos. 5699-5719/2005. ( 2 ) THE petitioners have studied MBBS Course in Kempegowda Institute of Medical Sciences, Dr. Ambedkar Medical College, M. S. Ramaiah Medical College, Bangalore Medical College, siddartha Medical College and Sri Devaraj Urs Medical College. The said colleges are affiliated to Bangalore University which is duty bound to conduct examinations under the Regulations framed by it in exercise of its power under the provisions of the Karnataka State Universities Act of 2005. The examinations have been conducted by the University upto November 2003 and thereafter no examinations were conducted by it to the students who have studied under the scheme applicable for them. As a result of which, the petitioners could not take-up the examinations. When the things stood thus, the State Government has established Rajiv Gandhi university of Health Sciences (hereinafter referred to as RGUHS ). Under Official Memorandum at Annexure-A dated 4-11-2004 issued by the Registrar, the RGUHS shall conduct the examination for the students admitted to the course prior to 1996-97. The Rules, Regulations, scheme of examination of RGUHS were made applicable to such students. Consequently, the circular/notification at Annexure 'b' dated 13-12-2004 was issued calling upon the Principals of the Colleges to furnish list of residual students (repeaters) and to collect the examination fee. Thereafter, the Notification at Annexuere-D dated 20-8-2004 was issued fixing the examination fee and the dates for payment of the same. In turn, the Bangalore University issued the Circular at Annexure-E dated 8-1-2005 calling upon the residiual (failed) students to appear for the examinations conducted by RGUHS. The petitioners have filed these writ petitions seeking to quash the Notification at Annexure-D dated 20-8-2004 issued by the fourth respondent and to declare Anncxures-A, B and E as ultra vires and to forbear the Bangalore University from endorsing them. The petitioners have filed these writ petitions seeking to quash the Notification at Annexure-D dated 20-8-2004 issued by the fourth respondent and to declare Anncxures-A, B and E as ultra vires and to forbear the Bangalore University from endorsing them. ( 3 ) THE two-fold grivevance of the petitioners is that (1) they have studied the subjects prescribed in syallabus of Bangalore University under the scheme made applicable to them and they cannot appear for the examination that would be conducted by RGUHS as the scheme is quite different and (2) in view of Section 63 of Rajiv Gandhi University of Health Sciences Act, 1994, the bangalore University is duty bound statutiorily to conduct the examination for them as RGUHS has not choosen to conduct examinations to the petitioners and other students who have studied and completed the course before the Act has come into force and the said University was established. ( 4 ) STATEMENT of objections is filed on behalf of RGUHS inter-alia contending that the scheme of examinations conducted by it are governed by the statutes, ordinances and regulations framed under the Rajiv Gandhi University of Health Sciences Act, 1994 and therefore it is contended by the learned counsel Mr. N. K. Ramesh that the petitioners cannot compel RGUHS to conduct the examination under different schemes. The University is conducting examinations to the MBBS students, for the subjects studied by them and the syllabus of the Bangalore University are more or less same and there is no much difference. Therefore these petitioners also can appear for the exams conducted by it. He further submits that Bangalore University was conducting examinations and it is bound to conduct the same in view of Section 63 of the Act of 1994. He further submits that RGUHS has got practical problems to conduct examinations for the repeaters. ( 5 ) THE Bangalore University has filed statement of objections narrating the circumstances leading to the situtation. In view of Section 63 of the Act, it has pleaded its inability to conduct examination to the petitioners. ( 6 ) ON behalf of the State Government, Affidavit of the Under Secretary, Health and Family welfare Department (Medical Education) is filed. In paragraphs 3 to 5 it is stated as under: " 3. In view of Section 63 of the Act, it has pleaded its inability to conduct examination to the petitioners. ( 6 ) ON behalf of the State Government, Affidavit of the Under Secretary, Health and Family welfare Department (Medical Education) is filed. In paragraphs 3 to 5 it is stated as under: " 3. I humbly submit that, the meeting of the Registrar of Evaluation of all Universities in the state was held on 2-8-2003 and a decision was taken that the Rajiv Gandhi University of Health science shall hold the examination to such of the students who have not passed the medical course including PG degree in the respective Universities in which they have admitted and decision was taken to bring up the said decision before IUB (Inter University Board) for the resolution. Accordingly, the said subject was included in the Agenda of the meeting of IUB held on 23-8-2003. The resolution emerged under subject number 7, which reads as under: subject NO. 7: conduct of Medical and Engineering Examinations to such of the students who were admitted prior to the Establishment of Rajiv Gandhi University for Health Sciences and Vishveswaraiah tehcnological University. As regards conduct of Medical and Engineering Examinations to such of the students who were admitted prior to the establishment of Rajiv Gandhi University of Health Sciences and VTU, the committee felt that the proceedings of the meeting of the Registrars of Evaluation of all the universities held on 2-8-2003 at Mysore University, Mysore be circulated to all the Universities. 4. I humbly submit that resolution of IUB is binding on all the Universities in the State as per karnataka State Universities Act 2000. 5. I humbly submit that, in a meeting held on 5-6-2004 under the Chairmanship of Secretary to government, Health and Family Welfare Department (Medical Education) a decision was taken to the effect that Rajiv Gandhi University of Health Sciences shall be responsible for conducting examination in respect of students who have joined Health Science course prior to 1996-97. Further, on the request made by the large number of students, State Government by its government letter dated 19-10-2004 requested the Rajiv Gandhi University of Health Science to hold the examination to those students who have joined the medical course prior to the establishment of Rajiv Gandhi University of Health Science. (Underlined Supplied) ( 7 ) MR. Further, on the request made by the large number of students, State Government by its government letter dated 19-10-2004 requested the Rajiv Gandhi University of Health Science to hold the examination to those students who have joined the medical course prior to the establishment of Rajiv Gandhi University of Health Science. (Underlined Supplied) ( 7 ) MR. Manohar, learned Additional Government Advocate, submitted that letter was written by the State Government on 19-10-2004 requesting RGUHS to conduct examination to the students in question. He further submitted that since conduct of examination is a academic matter, the state Government cannot issue any directions in the matter to the RGUHS as it is an Autonomus body. ( 8 ) HAVING heard the learned counsel for the parties, this Court proceeds to examine the matter on merits. It is an undisputed fact that the petitioners have studied MBBS course in the subjects under the scheme as per the syllabus that was in force prior to the establishment of RGUHS. After the establishment of RGUHS, it has to conduct the examinations as stated under the provisions of 63 of the Act. The same is spelled-out clearly in Annexure-A. It cannot compel the petitioners or similarly placed students to take the examination according to its syllabus which was not studied by them. Compelling them to appear for examination of the subjects not studied is most unscientific and unrealistic. ( 9 ) RGUHS Act was enacted by the State Legislature under the Concurrent List with the avowed object of establishing an in the State of Karnataka to look into the problem faced by the students and take remedial steps to solve them early so that the hardship an inconvenience faced by the student community are avoided. The problems of the petitioners was required to be looked into by RGUHS. For that purpose, remedy is provided under the Act itself. Section 63 (1) (a) of the act reads as under: " 63. The problems of the petitioners was required to be looked into by RGUHS. For that purpose, remedy is provided under the Act itself. Section 63 (1) (a) of the act reads as under: " 63. SAVING AS TO CERTAIN EXAMINATIONS (1) Notwithstanding anything contained in this Act, the Statutes, Ordinances or the Rules: ( a) any student who immediately prior to the commencement of this Act was studying for a degree in health science of the Bangalore University, the Karnataka University or the Mysore university or Kuvempu University, Gulbarga University, Mangalore University established under the Bangalore University Act, 1964, the Karnataka University Act, 1949, the Mysore university Act, 1956 and the Karnataka State Universities Act, 1976, in accordance with the regulations in force under those Acts, may until such examinations is provided by the university, be admitted to the examinations of the Universities of Bangalore, Karnataka and mysore and Kuvempu University, Gulbarga University, Mangalore University and be conferred the degree in Health science of the Inter Universities for which he qualifies on the result of such examination. " (Emphasis supplied) the Section begins with the non-abstance clause "notwithstanding anything contained in this act, Statutes, Ordinances or the Rules". The underlined words in accordance with the regulations in force under those Acts, until such examinations is provided by the University, be admitted to the examinations of the Universities of. . . can note that the students studied in various colleges affiliated to the Universities referred to in Section 63 of the Act immediately prior to the act came into foce, should be admitted to the examinations of the subjects notified in the syllabus studied by them. The further words, "until such examinations is provided by the university" means, so long as the syllabus studied by the student prior to the RGUHS was established is provided by it, the students shall be admitted to such examinations that is required to be conducted either by the fourth respondent University or third respondent University. Again the words "such examinations" means the examinations that were being conducted by the various universities referred to be in Section 63 of the Act and not applying the rules, regulations, scheme of examinations of RGUHS which are framed by it under Section 62 of the Act, after the university was established. Again the words "such examinations" means the examinations that were being conducted by the various universities referred to be in Section 63 of the Act and not applying the rules, regulations, scheme of examinations of RGUHS which are framed by it under Section 62 of the Act, after the university was established. ( 10 ) IN the light of the clear wordings of Section 63 of the Act, the 2nd guidelines contained in annexure-A is contrary to the said provision and it is not the decision of either Syndicate or academic Council of the RGUHS and therefore it is not the decision of the University on the basis of the letter dated 19-10-2004 written to it by the State Government. Therefore the stand taken by the RGUHS as also the State Government that Bangalore University is duty bound to conduct the examinations to the petitioners, is wholly untenable in law. In paragraph 3 of the affidavit filed by the Under Secretary, which is extracted above, it is clear that decision was taken that RGUHS shall conduct the examination of such students who have not passed the course. There is no dispute about it. Such being the case, the submission made by the learned counsel for the RGUHS that it has got practical difficulties to conduct examination for the petitioners, is wholly untenable and cannot be accepted. ( 11 ) THE details of the examinations to be conducted and actually conducted are mentioned in paragraph 5 of first batch of writ petitions. A perusal of the same indicates that though two examinations ought to have been conducted in a year, some of the examinations have not at all been conducted. Last year no examination was conducted. For the examinations scheduled to be held during September 2004 as per Annexure-D, the petitioners could not appear on account of syllabus problem. The matter was not placed either before the Academic Council or the syndicate. The petitioners and similarly placed students, though studied the course, cannot take-up the examination on account of the lapse on the part of the State Government and rguhs. It is a serious lapse which has defeated the very object and purpose for which the Act was enacted and RGUHS is established. Petitioners suffered great loss due to non-conduct of examinations since April 2004. It is a serious lapse which has defeated the very object and purpose for which the Act was enacted and RGUHS is established. Petitioners suffered great loss due to non-conduct of examinations since April 2004. The precious time wasted by the petitioners by spending their time in litigating the matter on account of lapse on the part of the RGUHS as also the State government for not giving suitable directions to the University in the matter, cannot be compensated in any manner. This kind of students problems should be given top priority both by the State and Universities and solve them immediately. Holding examinations for the petitioners and similarly placed students was not a Herculian task for the RGUHS. By conducting examinations, they could have avoided the petitioners approaching this Court as litigants and they are made litigants for no fault of them. It is a serious dereliction of statutory duty by the university and the State has failed to exercise its Executive power. ( 12 ) FOR the aforesaid reasons, these writ petitions are allowed. Annexures-A, B, D and F, are quashed. The Bangalore University is directed to conduct examinations to the petitioners expeditously but not later than four weeks. ( 13 ) IN the light of the observations made above, it is hoped that the State Government will take up the matter and issue suitable directions to the RGUHS in such students matters without any delay. The RGUHS shall note that it has a statutory duty to conduct examinations to the failed students in the subjects notified in the syllabus which were studied by them under the scheme which were in force to them.