Case Note & Summary
The petitioners, SVKM's Mithibai College (an autonomous college) and its In-charge Principal, filed a writ petition against the University of Mumbai and its officers. The college had been granted autonomous status by the University Grants Commission (UGC). The University refused to issue degree certificates to the batch of students for the year 2019-20 and some students from the batch of 2018-19 on the ground that the college had changed its grading system mid-course, i.e., for a course that had commenced before the grant of autonomous status. The college contended that assessment of students is the prerogative of an autonomous college and there is no legal embargo preventing it from introducing a new grading system at any point. The University argued that the grading system should be introduced from the first year of the course. The Court examined the UGC Regulations of 2018 and found that autonomous colleges have the freedom to design their own curriculum and assessment methods. There was no provision in the Regulations that restricted the college from changing the grading system for a batch that had already commenced. The Court held that the University's action in withholding the degree certificates was arbitrary and without legal basis. The Court directed the University to issue the degree certificates to the affected students within a specified period. The petition was allowed with no order as to costs.
Headnote
A) University Law - Autonomous Colleges - Grading System - University Grants Commission (Conferment of Autonomous Status Upon Colleges and Measures for Maintenance of Standards in Autonomous Colleges) Regulations, 2018 - The petitioner college, granted autonomous status, changed its grading system for the batch of 2019-20 and some students of 2018-19. The University refused to issue degree certificates, contending that the grading system could not be changed mid-course. The Court held that autonomous colleges have the freedom to design their own curriculum and assessment methods, and there is no restriction in the UGC Regulations preventing a change in grading system for a batch that commenced before the grant of autonomous status. The University's action was arbitrary and the certificates must be issued. (Paras 2-5)
Issue of Consideration
Whether an autonomous college can change its grading system for a course that commenced before the grant of autonomous status, and whether the University can refuse to issue degree certificates on that ground.
Final Decision
The Court allowed the petition and directed the University to issue the degree certificates to the affected students within a specified period. Rule made absolute. No order as to costs.
Law Points
- Autonomous colleges have the prerogative to design their own curriculum and assessment methods
- including grading systems
- subject to UGC regulations
- there is no legal embargo preventing an autonomous college from introducing a new grading system for a batch that commenced before the grant of autonomous status
- the University cannot withhold degree certificates on the ground that the grading system was changed mid-course.
