Case Note & Summary
The petitioner, a law student admitted to 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 July-November 2024, despite having been asked to vacate the hostel. The petitioner approached the Student Grievance Redressal Committee (SGRC) constituted under the UGC (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 legal issue was whether the SGRC's recommendations are binding on the institution. The petitioner argued that the Regulations have statutory force and the SGRC is a statutory body, so its recommendations must be implemented. The respondents contended that the recommendations are merely advisory. The court analyzed the Regulations and held that they are made under Section 26(1)(g) of the UGC Act, 1956, and have statutory force. The SGRC is a statutory body, and its recommendations are binding on the institution. The court directed the university to implement the SGRC recommendations within four weeks.
Headnote
A) University Law - Student Grievance Redressal - Binding Nature of SGRC Recommendations - University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 - The core issue was whether recommendations of SGRC are binding on the university. The court held that SGRC is a statutory body and its recommendations are binding on the institution, as the Regulations have statutory force under Section 26(1)(g) of the UGC Act, 1956. The university cannot ignore or treat them as mere suggestions. (Paras 3, 4, 6, 7)
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 held that the recommendations of the Student Grievance Redressal Committee (SGRC) constituted under the UGC (Redressal of Grievances of Students) Regulations, 2023 are binding on the institution. The court directed the respondents to implement the SGRC recommendations within four weeks.
Law Points
- Recommendations of Student Grievance Redressal Committee (SGRC) constituted under UGC (Redressal of Grievances of Students) Regulations
- 2023 are binding on the institution
- University cannot ignore SGRC recommendations
- SGRC is a statutory body
- Regulations have statutory force
- Section 26(1)(g) UGC Act
- 1956
