- (1.) Vide this order two Civil Revisions are being disposed of, one filed by the Guru Nanak Dev University, the defendant and the other Civil Revision No. 2700 of 1990 filed by Ramesh Katarya, the plaintiff, as they have arisen out of the same order passed by the Additional District Judge, Amritsar dated September 14, 1990.
(2.) Ramesh Katarya passed Matriculation examination from Punjab School Education Board in the year 1976. He in 1988 passed Parbhakar examinations and in 1989 he passed B.A. Part II and III examinations in English only from the Punjab University in April and September respectively. He also passed an additional subject of Philosophy of B.A. Examination of the Panjab University. Thus, he obtained certificate of Bachelor of Arts from the Panjab University. He applied for taking Competitive Entrance Examination for admission to LL.B. Course of 1990 to be started by the Guru Nanak University. He was issued Roll Number by the University on the basis of the academic qualification. However, subsequently the Roll Number was cancelled before the start of the examination. This led Ramesh Katarya, plaintiff to file a civil suit challenging the action of the University. He also prayed in the suit for interim relief of allowing him to take the examination aforesaid. Subordinate Judge 1st Class, Amritsar, dismissed the application filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, holding that prima facie the plaintiff had no merit in the suit as Guru Nanak Dev University had decided before issuing the prospectusfor the Course aforesaid not to recognize the B.A. Degree issued by the Panjab University in the case of persons who had passed vernacular subjects, such as Parbhakar with Matriculation and English only in B.A. Parts II and III with additional subject from the Panjab University. The plaintiff Ramesh Katarya aggrieved by the aforesaid order dated July 28, 1990 passed by the Subordinate Judge, preferred an appeal, which was allowed by the Lower Appellate Court on September 14, 1990. A direction was given to the University to consider the case of Ramesh Katarya for the purposes of this in the Competitive Entrance Examination for Law classes for 1990-91. Ramesh Katarya, plaintiff, in his Revision Petition claimed a further relief that he should be permitted to join the classes. In other words, he should be allowed the admission which should be subject to a final decision in the suit; whereas the claim of the University in the Revision Petition is that there is no prima facie case in favour of the plaintiff to be admitted to the Course, as the University had taken a decision much before the issuance of the prospectus not to recognize such a Degree of the Panjab University.
(3.) Guru Nanak Dev University, Amritsar, was established under the Guru Nanak Dev University, Amritsar Act, 1969 (hereinafter referred to as the Act). Under Section 4 of the Act one of the powers and duties of the University is to hold examinations and to confer degrees. Section 12 prescribes different Authorities who are functioning in the University. They are as follows :- (i) the Senate, (ii) the Syndicate, (iii) the Academic Council, (iv) the Faculties, (v) the Board of Studies, (vi) such other authorities as may be declared by the Statutes to be the authorities of the University. The Senate is constituted under Section 13 of the Act. The Syndicate is constituted under Section 14. It is the Principal Executive Body of the University. The Academic Council is constituted under Section 15 of the Act. It reads as under :- Section 15. The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation and be responsible for the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters. Section 19 provides for the first Statute of the University to be made by the State Government and thereafter as provided under sub-section (2) of Section 19, the Syndicate is to make new or additional Statutes or to amend or repeal the Statutes. Section 20 provides for making Ordinance on different subjects mentioned therein, which includes the conduct of examinations, admission of students, courses of studies, degrees, diplomas, certificates and other academic distinctions to be awarded etc. These Ordinance can be made, amended, repealed or added to by the Syndicate. If such an Ordinance affects the admission or enrollment of students or prescribing examinations to be recognized as equivalent to the University examinations or affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, no Ordinance is to be made unless a draft of such Ordinance has been proposed by the Academic Council, as provided in Sub-section (1) of Section 21 of the Act. Under sub-section (2) of Section 21, the Syndicate has been given the power to amend any draft Ordinance proposed by the Academic Council or to return it to the aforesaid Council for reconsideration. The Syndicate has also been given the owner to reject the proposal or subsequent suggestion.;