- (1.) These appeals raise the question whether the Academic Council of the Mysore University was competent in exercise of the powers conferred by Ss. 22 28 and 48 of the Mysore University 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 constitution of the Academic Council-which is one of the authorities of the University designated under 8. 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 teaching, courses of studies to be pursued, and maintenance of the standards thereof and shall exercise such other powers and perform such other duties as may be prescribed." By S. 23 other powers of the Academic Council are prescribed. Insofar as it is material, the section provides: "In particular and without prejudice to the generality of the powers specified in Section 22, the Academic Council shall have subject to the provisions of this Act, the following powers. namely: (a) * * * * (b) * * * * (c) to make Regulations relating to courses, schemes of examinations and conditions on which students shall be admitted to the examinations, degrees, diplomas, certificates and other academic distinctions." Section 43 of the Act sets out the scope of the Regulations. It enacts: "Subject to the provisions of this Act, the Regulations may provide for the exercise of all or any of the powers, enumerated in sections 22 and 23 of this Act and for the following matters namely: (i) the admission of students to the University; (ii) the recognition of the examinations and degrees of other Universities as equivalent to the examinations and degrees of the University. (iii) the University courses and examinations and the conditions on which students of the University and affiliated colleges and other University institutions shall be admitted to examinations for the degrees, diplomas and certificates of the University; and (iv) the granting of exemptions." In exercise of the powers conferred by Ss. 22, 23 and 43, the Academic Council made Regulations relating to the grant of a degree for Bachelor of Veterinary Science. Clasue 3 (c) of the Regulations is as follows: "No candidate who fails four times shall be permitted to continue the course." The Mysore Veterinary College, Hebbal, Bangalore, is one of the colleges affiliated to the University of Mysore for training students for the degree course in Bachelor of Veterinary Science (B.V.Sc.).
(2.) These two appeals arise on facts which are closely parallel. Gopala Gowda-respondent in C.A. No. 565 of 1963-Was admitted in the year 1958 as a student in the First Year Course in the Mysore Veterinary College. Gopala Gowda was declared unsuccessful in four successive First Year Course examinations. The Controller of Examinations, Mysore University, then informed Gopala Gowda by letter dated August 2, 1961 that he "had lost" his right to continue studies for the Bachelor of Veterinary Science (B.V. Sc.) course under Regulation 3 (c) of the Regulations governing the course of study framed by the University leading to the degree of the Bachelor of Veterinary Science (B.V.Sc.) Gopala Gowda then presented a petition in the High Court of Mysore praying that, for reasons set out in his affidavit, the High Court to issue a writ questing the order communicated by the Controller of Examinations in his letter dated August 2, 1961 and do further direct the University of Mysore and the controller of Examinations to permit him to appear for the subsequent examinations and to prosecute his training for the Baehelor of Veterinary Science Course. The other respondent Bheemappa Reddy had also failed to satisfy the examiners in four successive First Year Course examinations commencing from April 1959, and on being intimated by the Controller of Examinations that he will not be permitted to continue his training for the Rachelor at Veterinary Science (B. v. Sc.) course under Regulation 3(c), he filed a similar writ petition in the High Court
(3.) The High Court of Mysore held that Regulation 3(c) of the Regulations governing the course of study leading to conferment of the degree of Bachelor of Veterinary Science of the Mysore University could not be said "to subserve the purpose of maintaining the standards mentioned in S. 22 of the Mysore University Act" and on that account was beyond the competence of the Academic Council or the University and those bodies had no power to prevent Gopala Gowda and Bheemappa from prosecuting their studies and from appearing at the subsequent examinations. With special leave, the University of Mysore, the Controller of Examinations and the Principal of the Mysore Veterinary College, have appealed.;