UNIVERSITY OF MYSORE versus GOPAL GOWDA AND ANOTHER

Citation: [1965] 3 S.C.R. 229 · Decided: 02-03-1965 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Dismissed

Judgment (excerpt)

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UNIVERSITY OF MYSORE 
V. 
GOPAL GOWDA AND ANOTHER 
March 2. 1965 
229 
[K. SuBBA RAO, J. C. SHAH AND R. S. BACHAWAi.r, JJ.J 
Mysore University Act, 1956, ss. 22, 23, 43-Power to make regu-
lations for "maintenance of standards.,'-Scope of. 
Under Sections 22, 23, and 43 of the Mysore University Act, the 
Academic Council of the University \\i.,as empowered, inter alia, to 
control and operate the teaching, courses of study, to secure mainten-
ance of standards, etc., and to make necessary regulations including 
those relating to examinations, and conditions on which student~ 
may be admitted to examinations, degrees, diplomas, etc. 
In exercise of these powers, the Academio Council made certain 
Regulations relating to the grant of a degree of Bachelor of Veteri-
nary Science and by clause 3(c: of these Regulations, it was provided 
that no candidate who failed an examination four times, would be 
permitted to continue the course. 
The respondents were declared unsuccessful in four successive 
First Year Course examinations and the Controller of Examinations 
informed each respondent that he had lost their right to continue 
studying for the degree. The respondents thereupon filed petition~ 
in the High Court, praying for the issue of writs quashing the orders 
communicated to them and directing the University to permit them 
to appear for the subsequent examinations and to continue their 
studies. 
The High Court held that Regulation 3(c) was beyond the com-
petence of the Academic Council and the University. 
On appeal to this Court: 
HELD: that power to maintain standards in the course of studies 
confers authority not merely to presc<ribe minimum qualifications for 
admission, courses of study, minimum attendance at an institution 
which may qualify the student for admission to the examination, etc., 
but also authority to refuse to 
grant a degree, diploma, or othe11 
academic distinction to students who fail at the final examination 
and to direct that a student, who is proved not to have the ability 
or the aptitude to complete the course within a reasonable time, 1o 
discontinue the course. 
There is no warrant for restricting the expression "maintenance 
of standards" only to matters such as minimum attendance, Ieng!~ 
of the course and prescription of minimum academic attainments. 
[233F-H] 
CIVIL APPELLA\TE JURISDICTION: Civil Appeals 
Nos. 
565-
566 of 1963. 
Appeals by special leave from the judgment and order dated 
January 31, 1962 of the Mysore High Court in Writ Petitions 
Nos. 940 and 1056 of 1961. 
G. S. Pathak and M /s. Rajinder Narain and Co. for tbe appel-
lants. 
R. Gopalakrishnan, for the respondent. 
The Judgment of the Court was delivered by 
Shah, J. These appeals raise the question whether the Acade-
mic Council of the Mysore University was competent in exercise 
230 
SUPREME COURT REPORTS 
(l965] 3 S.C.R. 
of the powers conferred by ss. 22, 23 and 43 of the Mysore University 
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Act 23 of 1956 to frame cl. 3(c)· of the Regulations relating to the 
grant of the degree for Bachelor of Veterinary Science (B.V.Sc.). 
The Mysore University Act 23 of 1956-hereinafter referred to as 
'the Act'-was enacted to provide for the reorganisation of the 
University of Mysore and other incidental matters. The powers of 
the University are described in s. 4. Section 21 provides for the con-
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stitution of the Academic Council-which is one of the authorities 
of the University designated under s. 13-and s: 22 sets out the 
powers of the Academic Council. It provides: 
"The Academic Council shall, subject to the provisions 
of this Act, have the control and general regulation of 
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teaching; courses of studie.s to be pursued, and mainten-
ance of the standards thereof and shall exercise such other 
powers and perform such other duties as may be pres-
cribed." 
By s. 23 other powers of the Academic Council are prescribed. 
Insofar as it is material, the section provides: 
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"In particular anj without prejudice to the generality 
of the powers specified in section 22, the Academic 
Council shall have, subject to the previsions of this Act, 
the following powers, namely: 
(a) 
(b) 
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(c) to make R~gulations relating to courses, schemes of 
examinations and conditions on which students shall 
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be admitted to the examinations, degrees, diplomas, cer· 
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tificates ·and ether academic distinctions;" 
Section 43 of the Act sets out the scope of the Regulations.

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