Case Note & Summary
The petitioner, Nirmalkumar s/o Kripa Narayan Singh, was admitted to the B.V.Sc. & A.H. degree course at the College of Veterinary and Animal Sciences, Parbhani, in June 2003. He completed 8 semesters but was not allowed to appear for the 5th year 9th semester due to a communication dated 21.09.2013, which stated that he had failed to complete the course within 10 years as per Regulation 9(18) of the Veterinary Academic Regulations, 2002, framed by the Maharashtra Animal & Fishery Sciences University, Nagpur. The petitioner challenged this regulation as ultra vires to the Veterinary Council of India (Minimum Standards of Veterinary Education Degree Course-B.V.Sc. & A.H.) Regulations, 1993, and also challenged the communication. The petitioner argued that when he took admission in June 2003, the impugned regulations were not in force, as they were made applicable from the academic year 2004-2005. He contended that the regulations could not have retrospective effect and that the regulations existing at the time of his admission should apply, which did not restrict the period for completing the course. The court, relying on a previous judgment in Writ Petition No. 3391/2003 and connected writ petitions dated 10th October, held that Regulation 9(18) cannot be applied retrospectively to the petitioner. The court allowed the petition, quashed the communication dated 21.09.2013, and directed the respondents to permit the petitioner to complete the course by granting additional time as per the regulations that were in force at the time of his admission.
Headnote
A) Education Law - Retrospective Application of Regulations - Regulation 9(18) of Veterinary Academic Regulations, 2002 - University Regulation restricting completion period to 10 years - Petitioner admitted in June 2003 before regulation came into force - Held that regulation cannot be applied retrospectively as it was made applicable from academic year 2004-2005 and petitioner's rights crystallized under earlier regulations (Paras 1-3).
Issue of Consideration
Whether Regulation 9(18) of the Veterinary Academic Regulations, 2002, which restricts the period for completing the B.V.Sc. & A.H. degree course to 10 years, can be applied retrospectively to a student who took admission before the regulation came into force.
Final Decision
The court allowed the writ petition, quashed the communication dated 21.09.2013, and directed the respondents to permit the petitioner to complete the B.V.Sc. & A.H. degree course by granting additional time as per the regulations that were in force at the time of his admission.
Law Points
- Retrospective application of regulations
- University regulations cannot override statutory regulations
- Prospective effect of academic regulations
Case Details
2015 LawText (BOM) (10) 4
Writ Petition No. 8351 of 2013
S. V. Gangapurwala, V.K. Jadhav
Mr. Talekar S. B., Mr. U. R. Awate (for Petitioner), Mr. S. B. Deshpande, ASG (for Respondent No.1), Mr. Ajay Deshpande (for Respondents 4 and 5)
Nirmalkumar s/o Kripa Narayan Singh
Union of India, Veterinary Council of India, Maharashtra State Veterinary Council, Maharashtra Animal and Fishery Sciences University, Nagpur, College of Veterinary and Animal Sciences, Parbhani
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Nature of Litigation
Writ petition challenging the validity of Regulation 9(18) of the Veterinary Academic Regulations, 2002 and a communication preventing the petitioner from completing his degree course.
Remedy Sought
Petitioner sought to quash Regulation 9(18) and the communication dated 21.09.2013, and to be allowed to complete the B.V.Sc. & A.H. degree course.
Filing Reason
Petitioner was not allowed to appear for the 5th year 9th semester because he had not completed the course within 10 years as per Regulation 9(18), which he argued was not applicable to him as he took admission before the regulation came into force.
Previous Decisions
The court relied on its earlier judgment in Writ Petition No. 3391/2003 and connected writ petitions dated 10th October.
Issues
Whether Regulation 9(18) of the Veterinary Academic Regulations, 2002 can be applied retrospectively to a student admitted in June 2003, before the regulation came into force.
Submissions/Arguments
Petitioner argued that the impugned regulation was not in force when he took admission and cannot have retrospective effect.
Petitioner relied on a previous judgment of the same court in Writ Petition No. 3391/2003.
Ratio Decidendi
Regulation 9(18) of the Veterinary Academic Regulations, 2002, which restricts the period for completing the B.V.Sc. & A.H. degree course to 10 years, cannot be applied retrospectively to a student who took admission before the regulation came into force. The rights of the student are governed by the regulations existing at the time of admission.
Judgment Excerpts
The petitioner seeks to challenge Regulation 9(18) of the Veterinary Academic Regulations, 2002 framed by the Maharashtra Animal & Fishery Sciences University, Nagpur as ultra virus to the Veterinary Council of India (Minimum Standards of Veterinary Education Degree Course-B.V.Sc. & A.H.) Regulations, 1993, so also the communication dated 21.09.2013 informing the petitioner that he will not be allowed to complete B.V. Sc. & A.H. degree course by granting additional time.
Learned counsel for the petitioner states that the petitioner was admitted to B.V. Sc. & A.H. degree course in June, 2003. The petitioner has completed 8th semester, however is not allowed to appear for the 5th year 9th semester vide communication dated 21.09.2013 on the ground that the petitioner has failed to complete the course within 10 years.
Learned counsel for the petitioner relies on the judgment of this Cort in Writ Petition No. 3391/203 and connected writ petitions, dated 10th October, ...
Procedural History
The petitioner filed Writ Petition No. 8351 of 2013 before the Bombay High Court, Bench at Aurangabad, challenging Regulation 9(18) of the Veterinary Academic Regulations, 2002 and a communication dated 21.09.2013. The court reserved judgment on 31st July 2015 and pronounced on 29th October 2015.
Acts & Sections
- Veterinary Council of India (Minimum Standards of Veterinary Education Degree Course-B.V.Sc. & A.H.) Regulations, 1993:
- Veterinary Academic Regulations, 2002: Regulation 9(18)
