Case Note & Summary
The petitioner, a law student admitted to the B.A. LL.B. (Hons.) programme at Maharashtra National Law University, Nagpur in 2021, was debarred from the 5th semester examination in November 2023 due to inadequate attendance. On 11 January 2024, he was declared non-promoted to the next academic year and directed to re-register as an ex-student. On 19 July 2024, the university directed him to vacate the hostel. In November 2024, he was again denied permission to appear for the 5th semester examination, citing inadequate attendance for the period from July to November 2024, despite having been asked to vacate the hostel. The petitioner approached the Student Grievance Redressal Committee (SGRC) constituted under the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023. The SGRC made recommendations in his favor, but the university did not implement them. The petitioner then filed a writ petition before the Bombay High Court, Nagpur Bench. The core legal issue was whether the recommendations of the SGRC are binding on the institution. The court held that the Regulations of 2023 are statutory, having been made under Section 26(1)(g) of the UGC Act, 1956, and are mandatory. Consequently, the recommendations of the SGRC are binding on the university. The court allowed the petition, directing the respondents to implement the SGRC recommendations.
Headnote
A) University Law - Student Grievance Redressal - Binding Nature of SGRC Recommendations - University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 - The court considered whether recommendations of the SGRC are binding on the university. Held that the Regulations of 2023, made under Section 26(1)(g) of the UGC Act, 1956, are statutory and mandatory; therefore, the recommendations of the SGRC are binding on the institution. (Paras 3-4)
Issue of Consideration
Whether the recommendations made by the Student Grievance Redressal Committee (SGRC) constituted under the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 are binding on the Institution.
Final Decision
The court allowed the writ petition, holding that the recommendations of the Student Grievance Redressal Committee constituted under the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 are binding on the institution. The respondents were directed to implement the recommendations.
Law Points
- Binding nature of SGRC recommendations
- University Grants Commission (Redressal of Grievances of Students) Regulations
- 2023
- Section 26(1)(g) of UGC Act
- 1956
