- (1.) D. K. Seth, J. The President of the Students Union has espoused the cause of students of Ewing Christian College to the effect that by reason of conferring autonomous status under Section 42 of the State Universities Act, hereinafter referred to as 'the Act', by the University of Allahabad, the said College has made certain changes in the method of examination by which the provision of allowing grace marks to a student who had scored 33. 33% on the ground that the University of Allahabad allows grace marks if a student scores 33. 33% whereas Ewing Christian College had allowed the same if a student scores 41% as well as by dispensing with examination of back papers, as are available to the students of Allahabad University. He has challenged this differentia on the ground of discrimination hitting Article 14 of the Constitution of India. Sri I. P. Srivastava, learned counsel for the petitioner contends that the College though granted autonomous status did not have any jurisdiction under Section 42 of the Act to vary the mode of examination which, according to him, can only be done by the University of Allahabad. Therefore, the action cannot be sustained.
(2.) MR. R. K. Jain, learned counsel for the College contends that the writ petition is not maintainable because of the fact that the petition has been moved by the President of the Union who has been named and that he has already passed the last examination and he is no more a student of the said College and, therefore, he cannot espouse the cause of the students of the College. The second contention of MR. Jain was that Section 42 empowers an autonomous College to vary the condition of examination. Chapter XX of the First Statute of the University of Allahabad which relates to autonomous College also empowers to effect change in the method of examination conducive cf maintaining the standard of education and such changes are done according to the decision of the College Academic Council which may set up a College Examination Committee for such pur pose to whom the Academic Council may delegate such power in respect of examination. The only safeguard provided, according to him, is only by way of reporting to the Examination Committee of the University which had the power of suggesting changes thereto, if necessary. Therefore, according to him, the changes made are well within the powers of the College having legal sanction. He further submits that the changes made are legal and were only with the object to achieve a better standard of education in the said College and does not effect Section 42 of the Act. The University has also not raised any objection though the same has been reported long before and that no suggestion has yet come from the Univer sity. Lastly he contends that before admission, the students were asked to give undertaking that these changes have been made in the mode and method of examination. However, this last contention has been vehemently denied on the ground that this is incorrect. However this question of fact need not require to be gone iuto in the present case which is wholly immaterial for the pur pose of deciding the issue involved, i, therefore, refrain from making any observation with regard to the last contention of MR. Jain. Section 42 of the Act lays down : "42. Autonomous College.- (I) The University may grant in the manner prescribed, to an affiliated or associated college which satisfies the conditions prescribed in that behalf, the privileges of varying, for the students receiving instruction in such college, the courses of study prescribed by the University, and holding examination in the courses so varied. (2) The extent to which the courses may be varied and the manner of holding the examination conducted by such college shall be determined in each case by the University. (3) Such a college shall be declared in the manner prescribed as an autonomous college. " By reason of sub-section (1) of Section 42, autonomous status can be conferred by the University to any affiliated or associated College which satisfies the prescribed conditions. Upon such conferment of autonomous status, such College has the privilege of varying, the courses of study pres cribed by the University and holding examination in the courses so varied. Sub-section (2) lays down that the courses so varied and the manner of holding the examination conducted by such College shall be determined in each case by the University. In order to give effect to the provisions contained in the Act, the University of Allahabad has its own Statute by which the mode and manner of administration and decision in regard to the courses and examination are governed. The First Statute of the University of Allahabad in Chapter XX contains conditions relating to autonomous College. Para 20. 08 lays down as follows : "20. 08 (i) Subject to the provisions of Section 42, an Autonomous College shall be entitled- (a) to frame the courses in the subjects covered by in privileges ; (b) to appoint persons qualified to be appointed as internal or external examiners in such subject ; (c) to hold examinations and to make such change in the method of examination and teaching as in the opinion or conducive to the maintenance of the standard of education. (2) The Board of Faculties concerned, the Academic Council and the Examination Committee may consider the action taken by the Autonomous College under clause (1) and may suggest any change if necessary. "
(3.) IT appears from Para 20. 08 (1) (2) that an autonomous College is entitled to hold examination and to make such changes in the method of examination as in their opinion conducive of maintaining the standard of education. The said autonomous power is provided with a safety valve in sub-para (2), namely, that the Board of Faculties, the Academic Council and the Examination Committee may consider the changes made by an autonomous College under Clause (1) and suggest any change if necessary. Admittedly in the present case, the University has not suggested any change. There is nothing to show that the University has ever felt any necessity of suggesting any change. Though the University has been served, it has not come forward with any case that it has suggested any such change.;