Autonomous College cannot Conduct 'Save A Year' Supplementary Examination [Case Law]

Mahatma Gandhi University Act, 1985 - S.116 - Since the college is an autonomous college, in the absence of any provision contained in the Manual of Examinations, the college cannot conduct 'Save A Year' supplementary examination.

In the instant case, the fact that the Manual of Examinations of the 4th respondent college framed under Section 116 of the Act does not contain any specific provision for the conduct of supplementary examinations, is not in dispute. Since the 4th respondent college is an autonomous college, in the absence of any provision contained in the Manual of Examinations, the college cannot conduct 'Save A Year' supplementary examination, as requested by the petitioners. Since the Regulations/Manual of Examinations framed by the 1st respondent University for the conduct of examinations in the affiliated colleges have no application in the conduct of examinations in the autonomous colleges, the 4th respondent college cannot contend that they can conduct supplementary examinations, as such examinations are being conduced by the University in its affiliated colleges. Therefore, it is for the 4th respondent college to make necessary amendment/modification to the Manual of Examinations, as provided under Section 116 of the Act, based on any decision taken by its Academic Council and submit the same before the 1st respondent University for its remarks and modification, and finalise the same by incorporating such remarks to the extent possible, as provided under the second proviso to sub-section (4) of Section 116 of the Act. [Para 7]

IN THE HIGH COURT OF KERALA AT ERNAKULAM

ANIL K. NARENDRAN, J.

W.P.(C) No.7102 of 2018

Dated this the 5th day of April, 2018

PETITIONER(S)

JASON GODFREY AND 6 OTHERS

BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.MARIA ROY SMT.VEENA RAVEENDRAN 

RESPONDENT(S)

1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR.

2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560.

3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM - 686 560.

4. RAJAGIRI COLLEGE OF SOCIAL SCIENCES (AUTONOMOUS), RAJAGIRI P.O., KALAMASSERY, KOCHI - 683 104, REPRESENTED BY ITS PRINCIPAL.

R1 TO R3 BY SRI.ASOK M. CHERIAN, SC R4 BY ADV. SRI.TONY GEORGE KANNANTHANAM 

J U D G M E N T 

The petitioners are 6th Semester B.Com (Computer and Finance Application) students at the 4th respondent College, which has been granted autonomous status by the University Grants Commission for the period from 2014-14 to 2019-20. The 4th respondent college is affiliated to the 1st respondent University. The petitioners have completed their 5th semester course during October, 2017. In the 5th Semester examinations conducted during October-November, 2017 the petitioners failed in some subjects, the details of which are furnished in the 2nd paragraph of the writ petition. The petitioners were permitted to attend the 6th Semester classes from November, 2017 to February, 2018 and they are now attending the 6th Semester examinations conducted by the 1st respondent University from March, 2018.

2. The grievance of the petitioners is that, since they have failed in some subjects in the 5th Semester examinations, they will have to wait for one more year to write the supplementary examinations for the 5th Semester along with the regular junior batch. The petitioners therefore approached the 4th respondent college with a request to conduct a special supplementary examination for the 5th Semester immediately, so as to enable them to complete B.Com within the normal duration of the course. According to the petitioners, the Regulations of the 1st respondent University provide for the conduct of 'Save A Year' supplementary examinations for students who are faced with similar situation. However, the Manual of Examinations framed by the 4th respondent college under Section 116 of the Mahatma Gandhi University Act, 1985 (for brevity, 'the Act'), as amended by the University Laws (Third Amendment) Ordinance, 2014 does not provide for the conduct of 'Save A Year' supplementary examination. Based on the request made by the petitioners, the Principal of the 4th respondent College made Exts.P1 and P2 requests before the 1st respondent University to approve the proposal to conduct 'Save A Year' examinations. However, the 1st respondent University has not so far taken a decision on the request made in Exts.P1 and P2. In such circumstances, the petitioners have moved this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to conduct supplementary examinations for the students undergoing Under Graduate courses in the 4th respondent College.

3. A statement has been filed on behalf of respondents 1 to 3, wherein it has been contended that the Manual of Examinations framed by the 4th respondent college under Section 116 of the Act does not contain any provision to conduct 'Save A Year' examination and as such, the 1st respondent University has no power to direct or allow the college to conduct any such examination. The 1st respondent University conducts examinations in accordance with its Regulations and Examination Manual, which are not applicable to autonomous colleges. The request made by the Principal of the 4th respondent College before the 1st respondent University to amend the Examination Manual cannot be entertained, since it is for the Academic Council of the 4th respondent college to frame the Examination Manual.

4. A counter affidavit has been filed by the 4th respondent College, wherein it has been stated that, as per sub-section (3) of Section 116 of the Act, the Academic Council of the college shall frame a Manual of Examinations and as per the second proviso to sub-section (4) of Section 116, the Manual of Examinations shall be submitted to the 1st respondent University for its remarks. The Manual of Examinations approved by the University does not contain any specific provision for the conduct of supplementary examinations. Neither there is any prohibition for the same. In fact, the 1st respondent University conducts supplementary examinations. Realising this lacuna in the Manual of Examinations, which was an inadvertent omission, the Governing Council of the 4th respondent College considered the issue and circulated the matter among the members of the Board of Studies and the Academic Council and all of them expressed their support to amend the Manual of Examinations, so as to incorporate the provision for the conduct of supplementary examinations. Accordingly, the Principal of the college submitted Ext.R4(a) representation dated 28.3.2016, which was acknowledged by the 1st respondent University on 31.3.2016. Ext.P1 representation dated 1.11.2017 made by the Principal was also acknowledged by the University on 2.11.2017.

5. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent University, representing respondents 1 to 3, and also the learned Senior Counsel for the 4th respondent College.

6. Section 116 of the Mahatma Gandhi University Act provides that all examinations leading to the award of degree or diploma shall be conducted under the supervision of the Controller of Examinations of the college appointed under subsection (1) of Section 116 of the Act, and the examinations have to be conducted in accordance with the Manual of Examinations framed by the college under sub-section (3) read with sub-section (4) of Section 116. Sub-section (4) of Section 116 reads thus; 

“(4) The Manual of Examinations shall be based on the following matters, namely:- 

a) the functions of conducting examinations and its supervision, evaluation of examinations and publication of results shall be specifically assigned to persons designated for the purpose and their roles shall also be specified; 

b) the independence of framing of questions, valuation and monitoring processes shall be maintained; 

c) there shall be adequate safeguards to ensure the integrity of the examination processes; and 

d) there shall be adequate penalties of such nature and subject to such maximum penalty as may be prescribed by the Government, that may be provided for any individual responsible for the conduct of examinations in case of any breach of the provisions of the Manual of Examinations; 

Provided further that in framing the Manual of Examinations, an Autonomous College shall ensure that the safeguards in the Examination Manual of the University itself are to the extent possible, incorporated in the Manual of Examinations for the conduct of examinations of the Autonomous College; 

Provided also that the Manual of Examinations shall be submitted by an Autonomous College to the University for its remarks and modifications for improving the quality of the process of examinations and upon receiving such remarks, incorporate them in the Manual of Examinations to the extent possible and inform the University of the reasons for not being able to comply with any of the suggestions.” 

7. In the instant case, the fact that the Manual of Examinations of the 4th respondent college framed under Section 116 of the Act does not contain any specific provision for the conduct of supplementary examinations, is not in dispute. Since the 4th respondent college is an autonomous college, in the absence of any provision contained in the Manual of Examinations, the college cannot conduct 'Save A Year' supplementary examination, as requested by the petitioners. Since the Regulations/Manual of Examinations framed by the 1st respondent University for the conduct of examinations in the affiliated colleges have no application in the conduct of examinations in the autonomous colleges, the 4th respondent college cannot contend that they can conduct supplementary examinations, as such examinations are being conduced by the University in its affiliated colleges. Therefore, it is for the 4th respondent college to make necessary amendment/modification to the Manual of Examinations, as provided under Section 116 of the Act, based on any decision taken by its Academic Council and submit the same before the 1st respondent University for its remarks and modification, and finalise the same by incorporating such remarks to the extent possible, as provided under the second proviso to sub-section (4) of Section 116 of the Act.

8. The learned Senior Counsel for the 4th respondent college would submit that, based on the decision taken by the Academic Council, the proposed amendment to the Manual of Examinations shall be submitted, within a period of one week, before the 1st respondent University for its remarks and modification, as provided under the second proviso to sub-section (4) of Section 116 of the Act.

9. The learned Standing Counsel for the 1st respondent University would submit that, on receipt of such proposal, the Syndicate of the University, or if found necessary, the Vice Chancellor of the University, in exercise of his powers under sub-section (17) of Section 10 of the Act, shall take an appropriate decision in the matter and communicate the same to the 4th respondent College, as expeditiously as possible, at any rate, within a period of thirty days from the date of receipt of such proposal.

In such circumstances, this writ petition is disposed of with the following directions; 

(i) Within one week from the date of receipt of a certified copy of this judgment, the the 4th respondent college shall submit the proposed amendment to the Manual of Examinations, based on the decision taken by its Academic Council, before the 1st respondent University for its remarks and modification, as provided under the second proviso to sub-section (4) of Section 116 of the Act; 

(ii) On receipt of such proposal, the Syndicate of the University, or if found necessary, the Vice Chancellor of the University, in exercise of his powers under sub-section (17) of Section 10 of the Act, shall take an appropriate decision in the matter and communicate the same to the 4th respondent College, as expeditiously as possible, at any rate, within a period of thirty days from the date of receipt of such proposal.