SHRI BHAGWAN AND ANR.

A v.

RAM CHAND AND ANR.

March I, 1965

[P. B. GAJENDRAGADKAR, C.J., RAGHUBAR DAIYAL AND V. RAMA-

SWAMI, JJ.J B U.P. Temporary Control of Rent and Eviction Act, 1947, ss. 3(4) and 7-F-Power of District Magistrate to grant permission to sue a tenant for eviction-Whether revisional power of State Governmeni quasi-judicial and be exercised by observing ru.les of natural justice.

The appellants applied to the Rent Controller and Eviction Ofllcer under s. 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, for permission to file a suit in ejectment against the predeces.- sors-in-interest of the respondents who were the present tenants of certain premises in Agra. After a series of proceedings before the Officer and the appellate authority, the latter eventually ordered thatl the permission applied for should be granted. The respondent then moved the Commissioner of Agra in revision and the orden granting permission was set aside by him; but upon an application made to it under s. 7-F of the Act, the State Government directed! the Commissioner to revise his order. Accordingly the latter cancelled his previous order and confirmed the order granting permission passed ty the appeilate authority.

The appellants' ejectment suit, in which one of the issues was whether the permission granted to sue the respcndents was valid, was decreed in favour of the appellants and an appeal against this decree to the First Additional Civil Judge was dismissed.

However, on appeal to the High Cour:t, the single Judge, differing from the view expressed in earlier decisions of the High Court that the revisional order which the State Government was authorised to pass under s. 7-F is a purely administrative order, came to the conclusion that the permission g, ranted ·.vas invalid l:ecause the State Government, when exercising its authority under s. 7-F of the .Act was required to decide the matter in a quasi-judiciaV manner and by following principles of natural justice and should

lt.ave given the'respondents an opportunity of being heard. On appeal to this Court: HELD: The revisional proceedings which go before tbe State Government under s. 7-F are. like the proceedings before tbe District Magistrate under s. 3(2) as \Vell as before the Commi33ioner under s. 3(3), quasi-judicial in character and all these tbree authorities must act according io the principles of natural justice. [226 B, CJ.

The right conferred on the tenant not to be evicted. except on the specified grounds enumerated in els. (a) to (g) of s. 3(1) is " statutory right of great significance and it is this statutory right

of which the tenant would be deprived when the landlord obtains H the permission of ihe District Magistrate. Therefore the Act must be taken. to require that in exercising their respective powers to grant the permission, the appropriate authorities have to consider the matter in a quasi-judicial manner and to follow the principles of natural justice before reaching their conclusion. [226H-227B].

The Associated Cement Compani'es Ltd. v. Bhupendra Cement Works, Surajpur v. P. N. Sharma, (1965] 2 S.C.R. 366 and. Ridge v. Baldwin & Ors. L.R. [1964] A.C. 40, referred to.

--~-----------

\ ---- .... ''

SRRI RRAGWA>iv. RMl° CHAND (Gaje>"uir .. :garlk~~.'o; J.) .. 219' . ' : ' - ' ' . ·; __ ,~ ·.~: .. ,::::;:,;·,·: -~: :~:·:.. . , A Narottam Saran v. State of U.P. A.LR.; 1954, All. 232 and l\Iurlidhar v. Strtte of U.P. A.LR. 1964 All. 148, disapproved.- -~· -· ·

 Lannan Purslwttam Paimputkar v, state of Bombay [1964] 1 S.C.R. 200, considered. Obiter : Ccnsiderations of judicial propr'.ety and decorum require that if a learned single Judge hearing a matter is inclined to take the view that the earlier decisions of \he High Ccurt, whether of a Division Bench or of a s'.nglc Judge, need to be reconsidered, he should not embark upon that enquiry sitting as a single Judge, _ but should refer the matter to a Division- Bench or, in a proper case. place the relevant papers before the Chief Justice to enable him

- to constitute a larger Bench to examine the 'question. That is the proper and traditional way to deal with such matters and it is . founded on healthy principles of j'1dicial decorum and propriety.

[228B-D] .

C1Vll APPELLATE JuRISDlCTION : . Civil Appeal No. 764 of .. 1964. • Appeal by special leave from the judgment and decree dated May 9, 1963, of the Allahabad High Court in Second Appeal No. 2272 of 1959. A. v, Viswanatha Sastri, B. R. L. lyrngar, S. K. Mehta, and K. L. Mehta, for the appellants. ·

C. B. Agarwala, S. S. Khanuja and Gcnpat Rai. for the res-

. E pendents. ·

The Judgment of the Court was deliverd by G:ijendragadkar, C •. J. The short question of law which arises in this appeal by special leave is whether the reviSional orde1

passer.I by the State Goyernment of Uttar Pradesh under s. 7-F of the Uttar Pradsh (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter called the Act), is rendered invalid by reason of the fact that before passing th.- said crc.'er; the State Gov,, rnment did not hear the two respondents; Ram Chand and Kai!ash Chr.nd, . who were affected by it. This question arises in. this. way: The respondents are the present tenants of the premises bearing municipal No. 863., situated at Jumna Kinara Rod. Agra, com1r.only known -as Putaria Mahal. -Their predecessors were let into possession as tenants by the appell3nts, Lala Shri Bhagwan and Shrimati Go pal Devi, on an agreement that they would pay a monthly rent of Rs. 58-4-0 and that the tenancy would commence from the Sudi 1 of each Hindi month and end on Badi 15 of the next month ..

The two appellants applied to the Rent Controller and Eviction

Ut!icer (hereafter called the Officer), under s. 3 of the Act for permission to file a suit in ejectment. against the predecessors-in-· interest of the respondents. The Officer granted permission by his order passed on September I, 1951. The respondents then moved the Additional District Magistrate, who had been authorised by the ' .

District Magistrate to hear appeals against the decision of. the .

Officer. The appellate authority declined to confirm the pennis

sion , granted to the appellants and remanded the case to the

Officer for a fresh hearing. On re-hearing the matter, the Officer changed his view and rejected the appellants' application for permission on August 9, 1952. The appellants then moved the appellate authority again and prayed that the original order granting permission to them to sue the respondents should be restored. On

December 9, 1952, the appellate authority ordered that permission •hould be granted to the appellants for suing the respondents in ejectment. The respondents then moved the Commissioner of Agra in revision. On February 4, 1953, the revisional authority allowed the revisional application and set aside the appellate order granting permission to the appellants. That took the appellants to the State Government under s. 7-F of the Act. On May, 7, 1953, the State Government directed the Commissioner to revise his order on the ground that it thought that the need of the appellants was genuine.

Acting in purs, uance of this direction, the Commissioner passed an order on July 28, J 953, by which he cancelled his previous order and

confirmed the order passed by the appellate authority, granting oermission to the appellants to sue the respondents in ejectment.

This order was clearlv the result of the direction issued by the State Government under s. 7-F of the Act. After this order was passed, the appellants sued the respondents in ejectment in the court of the Civil Judge, Agra.

The claim made by the appellants for ejectment of the respondents was resisted by them on several grounds, and on the contentions raised by the respondents. the trial court framed six issues.

One of the issues was whether the permission granted to the appeL !ants to sue the respondents was valid. It is with this issue that we are concerned in the present appeal. The trial Judge found in favour of the appellants on this issue and recorded his conclusion in their favour even on the other issues which had been framed by him. ln the result, the trial court passed a decree in favour of the appel !ants on August 31, 1957. The respondents challenged this decree by preferring an appeal in the court of the First Additional Civil Judge, Agra. In their appeal, they disputed the correctness of the h1ndings recorded by the trial court on all the issues, including the issue about the validity of the sanction obtained by the appellants before filing the present suit. The appeal court confirmed all the findings recorded by the. trial Judge, with the result that the respondents' appeal was dismissed, on the 30th May, 1959.

The respondents then went to the Allahabad High Court by way of second appeal. The learned single Judge of the said High Court, who heard the said appeal, was called upon to consider the question as to whether the permission granted to the appellants was valid. That, in fact, was the only issue which was raised before him. The other issues which had been found in favour of the appellants were not raised before the learned Judge. On the issue as to the validity of the sanction obtained by the appellants, the learned

SHRI llliAGWAN v. RAM CHAND (Gajendragadkar,, C.J.) 221

Judge came to the conclusion that the said sanction was invalid inasmuch as the State Government in exercising its authority under s. 7-F of the Act. had not given an opportunity to the respondents to be heard. He took the view that in exercising its authority under s. 7-F, the State Government was required to decide the matter in

revision in a quasi-judicial manner and it was absolutely essential that the principles of natural justice should have been followed by the State Government before reaching its decision and an opportunity should have been given by it to the respondent to place their case before it.

It appears that this question had been considered by Division Benches of the Allahabad High Court in the past and the consensus of judicial opinion appears to have been in favour of the view that the revisional order which the State Government is authorised to pass under s. 7-F, is not a quasi-judicial order but is a purely administrative order, and so, it is not necessary that the State Government should hear the parties before exercising its jurisdiction under the said section. The learned single Judge was persuaded by the respondents to consider whether the said decisions were right and he came to the conclusion that the view taken in the said decisions was not right. The judgment delivered by the learned single Judge shows that he had reached this conclusion on re-examining the question in the light of some decisions of this Court to which his attention was invited. After he had reached this conclusion and had dictated a substantial part of his judgment, his attention was drawn to a decision of this Court in Laxman Purshottam Pimputkar v. State of Bombay and others('), which was then not reported. The learned Judge considered the blue print of the judgment to which his attention was invited and thought that the said judgment confirmed the view he had already taken. about the nature of the proceedings and the character of

the jurisdiction contemplated by s. 7-F. Having held that the State Government was bound to give an opportunity to the respondents to place their version before it, before it exercised its !luthority under s. 7-F, the learned Judge naturally came to the conclusion that the impugneq order passed by the State Government under s. 7-F was invalid, and that inevitably meant that under s. 3 of the Act, the suit was incompetent. In the result, the second appeal preferred by the respondents was allowed and the appellants' suit ordered to be dismissed. In the circumstances of the case, the learned Judge directed that the parties should bear their own costs throughout. It is against this decision that the appellants have come to this Court by special leave; and so, the only point which falls for our decision is whether the revisional order passed by the

State Government under s. 7-F, without giving an opportunity to the respondents to place their case before it, is rendered invalid.

When a legislative enactment confers jurisdiction and power on any authority or body to deal with the rights of citizens, it

(') [1964] l.S.C.R. 200.

often becomes necessary to enquire whether the said authority or body is required to act judicially or quasi.judicially in deciding questions entrusted to it by the statute. It sometimes also becomes necessary to consider whether such an authority or body is a tribunal or not. [t is well-known that even administrative bodies or authorities which are authorised to deal with matters within their jurisdiction in an administrative manner, are required to reach their decisions fairly and objectively; but in reaching thelr decisions, they would be justified in taking into account considerations of policy. Even so, administrative bodies may, in acting fairly and objectively, follow che principles of natural justice; but that does not make the administrative bodies tribunals and does not impose on them an obligation to follow the principles of natural justice.

On the other hand, authorities or bodies which are given jurisdiction by statutory provisions to deal with tbe rights of citizens, may be required by the relevant statute to act judicially in dealing with matters entrusted to them. An obligation to act judicially may, in some cases, be inferred from the scheme of the relevant statute and its material provisions. In such, a case, it is easy to hold that the authority or body must act in accordance with the principles of natural justice before exercising its jurisdiction and its powers; but it ls not necessary that the obligation to follow the principles of natural justice must be expressly imposed on such an authority or body. If it appears that the authority or body has been given power to determine questions affecting the rights of citizens, the very nature of the power would inevitably impose the limitation that the power should be exercised in conformity with the principles of natural justice. Whether or not such an authority or body is a tribunal, would depend upon the nature of the power conferred on the authority or body, the nature of the rights of citizens, the decision of which falls within the jurisdiction of the said authority or body, and other relevant circumstances. This question has been considered by this Court on several occasions. In the Associated Cement Companies Ltd., Bhupendra Cement Works, Surajpur v.

P. N. Sharma and another('), both aspects of this matter have been elaborately examined, arid it has been held, adopting the vieW

expre.>sd by the House of Lords-in Ridge v. Baldwin and others(') that the extent of the area where the principles of natural justice have to be followed and judicial approach has to be adopted, must depend primarily on the nature of the jurisdiction and the power conferred on any authority or body by statutory provisions to deal with the questions affecting the rights of citizens. In other words, in that decision this Court has held that the test prescribed by Lord Reid in his judgment in the case of Ridge(') affords valuable assistance in dealing with the vexed question with which we are concerned in the present appeal.

Let us, therefore, examine the scheme of the Act and the

(') L.R. [1964] A.C. 40.

SBRI BHAGWAN v. RAM CHAND (Gajendragadkar, C.J.) 223

nature of the power and jurisdiction conferred on the State Gov emment bys. 7-F. The Act was passed in 1947 and it_s main bject obviously was, in the words of the preamle, to contmue durmg '.!- limited period powers to control the lettmg and the rent of residential and non-residential accommodation and to prevent the eviction of tenants therefrom .. The preamble further provides that whereas due to shortage of accommodation in Uttar Pradesh it is expedient to provide for the continuance during a limited perio<l c>f powers to control the letting and the rent of such accommodation and to prevent the eviction of tenants therefrom, the Act was enacted. Indeed, it is a matter of common knowledge that similar Acts have been passed in all the States in India.

Section 3 of the Act provides that "subject to any order passed under sub-s. (3), no suit shall, without the permission of the District Magistrate, be filed in any civil court against a tenant for his eviction from any accommodation, except on one or more of the following grounds". Then .follow seven clauses (a) to (g) which set out the grounds on which a landlord can seek to evict his tenant even without the permission of the District Magistrate The scheme of s. 3, therefore, is that in order to protect the tenants from evic. tion, the legislature has provided that the landlords could evict their tenants only if there was proof of the existenpe of one or the other of the seven grounds specified by clauses (a) to (g) in s. 3(1).

Having made this general provision, s. 3(1) makes an exception and enables the landlord to seek to evict his tenant even though his case may not fall under any of the seven clauses of s. 3(1), provided he has obtained the permission of the District Magistrate, In other words, if the District Magistrate grants permission to the landlord, he can sue to evict the tenant under the general provisions of the Transfer of Property Act, as for instance, s. I 06. ThiS( clearly means that the District Magistrate is empowered to grant exception to the landlord from complying with the requirements of clauses (a) to (g) of s. 3(1) and take the case of the tenancy in question outside the provisions of the said clauses. That is the nature and effc~ of the power conferred on the District Magistrate to grant perm1ss1on to the landlord to sue his tenant in eviction.

Section 3, as it was originally enacted, provided that no suiC shall, . without the permission of the District Magistrate, be filed in any.civil court against a tenant for his eviction from any accom. modat10n except on one or more of the grounds specified by clauses (a) to (f). Gause (g) has been subsequently added.

In 1952, clauses (2), (3) and (4) were added to s. 3 by the Amending. Act 24 of 1952. It is as a result of th::ce amendments that s. 3(1) now provides that subject to any order passed under sub-s. (3), the permission granted by the District Me:>:; strate would enable the landlord to sue his te11ant in ejectment It is now necessary to read sub-ss. (2), (3) and (4), which are as follows:

"12) Where any application has been made to the District

Magistrate for pe<mission to sue a tenant for eviction from any accommodation and the District Magistrate grants or refuses to grant th~ Jlermission, the party aggneved by his order may, w1th1n 20 days from the date on which the order is communicated to him, apply to the Commissioner to revise the order."

"(3) The Commissionr hall hear the application made under sub-section (2\ as far as m3 y be, within six weeks from the date of making it, and he may, if he .is not satisfied as to the correctness, legality or propnety cf the order passed by the District Magistrate or as to the regularity of proceedings held before him, alter or reverse his oder, or make such other order as may be just and proper." "(4) The order of the Commissioner under sub-section (3) shall, subject to any order passed by the State Gov

ernmerit under s. 7-F, be final." The scheme of these three sub-sections is that the District Magistrate should first consider whether the landlord should be allowed to sue without complying with clauses (al to (g) of s. 3(1).

When he decides the question one way or the other, the party aggrieved by the decision has been given a right to apply to the Commissioner to revise the said order within the limitation pres- . cribed by sub-s. (2). That takes the proceedings before the Commis

sioner, and he exercises his revisional jurisdiction and reaches his own decision in the matter. Sub-section (4) provides that the revi sional order passed by the Commissioner shall, subject to the order passed by the State Government under s. 7-F, be final. That takes us to s. 7-F. Section 7-F reads thus:

"The State Government may call for the record of any case granting or refusing to grant permission for the filing of a suit for eviction referred to in s. 3 or requiring any accommodation to be let or not to be let to any person under s. 7 or directing a person to vacate any accommodation under s. 7-A and may make such order as appears to it necessary for the ends of justice." As we have already indicated, the question we have to decide in the present appeal is: what is the nature of the proceedings taken before the State Government under s. 7-F and what is the character of , the jurisdiction and power conferred on the State Government by it; are the proceedings purely administrative, and can the State Government decide the question and exercise its jurisdiction without complying with the principles of natural justice?

In dealing with this question, we have first to examine the nature of the power conferred on the Disttict Magistrate himself.

There is no doubt that what the District Magistrate is authorised to do is to permit the landlord to claim eviction of his tenant, though

SHR! BHAGWAN v. RAM CHAND (Gajendrag:dk:ir, C.J.) 225;

he may not comply with s. 3(1), clauses (a) to (g) and that clearly means that the order which the District Magistrate may pass while granting sanction to the Jtmdlord has the effect of taking away from the tenants the statutory protection given to them by the scheme of s. 3(1 ). A landlord can normally evict his tenant by complying with the relevant provisions of the Transfer of Property Act. Section 3(1) inposes a statutory limitation on the said power by requiring the proof of one or the other of the seven grounds stated in clauses (a) to (g) of s. 3(1), before he can seek to evict his tenant. That limitation is removed by the sanction which the

District Magistrate may grant; and so, it is plain that the order which the District Magistrate passes under s. 3(2) affects the statutory rights of the tenants. That is one aspect of the matter which cannot be ignored.

The second aspect of the matter is that the party who may feel aggrieved by the orderpassed by the District Magistrate, is given the right to move the Commissioner in revision within the prescribed pericd of limitation. and this provision necessarily implies, that the District Magistrate should indicate his reasons why he makes a particular order under s. 3(2). Unless the District Magistrate indicates, though briefly, the reasons in support of his final order. the Commissioner would not be able to exercise his jurisdiction under s. 3(3). How could the Commissioner consider the question as to whether the order passed by the District Magistrate is correct or is legal or is proper. unless he knows the reasons on which the said order is based 1 Thus. the provision for a revisional application to the Commissioner atso indicates that the District Magistrate has to weigh the pros and cons of the matter and come to a certain conclusion before he makes the order. The rule naturally imports the requirement ithat the parties should bfl' allowed to put their versions before him. The District Magistrate cannot reasonably weigh the pros and cons unless both the landlord and the tenant are given an opportunity to place their versions before him. Therefore, we are satisfied that the jurisdiction conferred on the District Magistrate to deal with the rights of theparties is of such a character that principles of natural justice cannot be excluded from the proceedings before him.

This conclusion is very much strengthened when we consider the provisions of s. 3(3). This clause specifically requires the Commissioner to hear the application made under sub-s. (2) within the specified period. This requirement positiyely enacts that the proceedings before the Commissioner are quasi-judicial. This clause further provides that the Commissioner has to be satisfied as to the correctness. legality, or propriety of the order under revision.

He can also examine the question as to the regularity of the proceedings held before the District Magistrate. In our opinion, it is impossible to escape the conclusion that these provisions unambiguously suggest that the proceedings before the District Magistrate as well as before the Commissioner are quasi-judicial in character

SUPREME COUl\T l•EPORTS [1965] 3 s.c.n.

Further, the revisional power has to be exercised and a revisional order has to be passed by the Commissioner to serve the purpose of

justice, because the clause provides that the Commissioner may make such other order as may be just and proper. Thus, we are satisfied that when the District Magistrate exercises his authority under s, 312) and the Commissioner exercises his revisional power under s. 3(31, they must act according to the principles of natural' justice. They are dealing with the question of the rights of the land lord and the tenant and they are required to adopt a judicial approach.

If that be the true position in regard to the proceedings contemplated by sub-s. 3(2) and sub-s. 3(3), it is not difficult to hold that the revisional proceedings which go before the State Gov ernment under s. 7-F, must partake of the same character. It is true that the State Government is authorised to call for the record suo motu, but that cannot alter the fact that the State Government would not be in a position to decide the matter entrusted to its jurisdiction under s. 7-F, unless it gives an opportunity to both the parties to place their respective points of view before it. It is the ends of justice which determine the nature of the order which the State Government would pass under s. 7-F, and it seems to us plain that in securing the ends of justice, the 'State Government cannot but apply principles of natural justice and offer a reason able opportunity to both the parties while it exercises its jurisdic tion under s. 7-F.

We have already referred to the general policy of the Act. In that connection, we may mention two other sections of the Act.

Section 14 provides that no decree for the eviction of a tenant from any accommodation passed before the date of commencement of this Act, shall. in so far as it relates to the eviction of such tenant, be executed against him so long as this Act remains in force, except on any of the grounds mentioned in s. 3. This section emphatically brings out the main object of the Act which is to save the tenants from eviction. That is why it prescribes a bar against the execution of the decrees which may have been passed for the eviction of tenants before the Act came into force, unless the landlords are able to show one or the other ground inentioned in s 3.

A similar provision is made bys. 15 in regard to pending suits ..

It lays down that in all suits for eviction of tenants from any accommodation pending on the date of commencement of this Act, no decree for eviction shall be passed except on one or more of the grounds mentioned in s. 3.

The provision also emphasises the importance attached by the Act to the protection of the ten a n11s

from eviction. The right conferred on the tenant no to be evicted, except on the specified grounds enumerated by chmes (a) t~ (gl of s. 3(1), is a statutory right of great significance, and it is this statlltory right of which the tenants would be deprived when the landlord obtains the sanction of the District M 1'.'is•rate. That is

SlllU BHAGWAN v. RAK CHAND (Gajendragadbr, C.J.) 227

A why we think the Act must be taken to require that in exercising their respective powers under s. 3(2) and s. 3(3), the appropriato authorities have to consider the matter in a quasi-judicial manner, and are expected to follow the principles of natural justice before reaching their conclusions.

We have already indicated that the Allahabad High Court B had consistently taken the contrary view and held that the functions discharged by the appropriate authorities under s. 3(2) and s. 3(3) are administrative and an obligation to follow the principles of natural justice cannot be imposed on the said authorities vide Narettam Saran v. State of U.P.('). Indeed, after the learned single c Judge had held in the present proceedings that the view taken by the earlier decisions of the Allahabad High Court was erroneous, a Division Bench of the said High Court considered the same question once again and re-affirmed its earlier view vide: Mur/idhar v.

State qf U.P.('). We have carefully considered the reasons given by the learned Judges when they re-affirmed the earlier view taken D by the High Court of Allahabad on this point. With respect, we are unable to agree with the decision in Murlidhar's(') case.

In this connection, we may refer to the decisions of this Court in Laxman Purshottam Pimputkar's(') case on which the learned single Judge partly relied in support of his conclusion. In that case, this Court was called upon to consider the question whether the revisional jurisdiction conferred on the State Government under s. 79 of the Watan Act was purely administrative, and it came to the conclusion that in exercising the said revisional juris diction, the State Government is not acting purely as an administrative authority; its decision is judicial or quasi-judicial, and so, it is essential th<., the State Government should follow the principles of natural justice before reaching its conclusion under that section.

The scheme of the relevant provisions of the Watan Act cannot, however, be said to be exactly similar to the scheme of the Act with which we are concerned; whereas section 3 of the Act with which we. are concerned in the present appeal deals with the statu G tory rights conferred on the tenants, the relevant sections of the Watan Act dealt with the right of possession of the Watan property itself. That being so, it cannot be said that the decision in Laxman Purshottam Pimputkar's(') case can be deemed to have overruled by necssary implication the view taken by the Allahabad High Court in regard to the nature of the power conferred on the appro- H priate authorities by ss. 3 and 7-F of the Act.

Before we part with this appeal, however, we ought •o point out that it would have been appropriate if the learned sinle Judge had not taken upon himself to consider the question as to whether the earlier decisions of the Division Benches of the High Court

(') A.'.!'.. 1954 All. 232.

(2) '..T.T'. I9fi4 All.. 148. ('I fl 964] I S.C.R. mo.

L/B(N)3SCI-2

needed to be re-considered and revised. It is plain that the said decisions had not been directly or even by necessary implication overruled by any decision of this Court; indeed, the judgment delivered by the learned single Judge shows that he was persuaded to re-examine the matter himself and in fact he had substantial!y recorded his conclusion that the earlier decisions were erroneous even before his attention was drawn to the decision of this Court in Laxman Purshottam Pimputkar'sC) case. It is hardly necessary to emphasise that considerations of judicial propriety and decorum require that if a learned single Judge hearing a matter is inclined to take the view that the earlier decisions of the High Court, whether of a Division Bench or of a single Judge, need to be reconsidered, he should not embark upon that enquiry sitting as a single Judge, but should refer the matter to a Division Bench or, in a proper case, place the relevant papers before the Chief Justice to enable him to constitute a larger Bench to examine the question.

That is the proper and traditional way to deal with such matters and it is founded on healthy principles of Judicial decorum and propriety. It is to be regretted that the learned single Judge departed from this traditional way in the present case and chose to examine the question himself.

The result is, the appeal fails and is dismissed. There will be no order as to costs.

Appeal dismisse,.

(') [1964] I S.C.R. 200

BHAGWAN AND ANR

RAM CHAND AND ANR

P. B. GAJENDRAGADKAR, C.J.

ss. 3(4) and 7

s. 3

Control of Rent and Eviction Act, 1947

Agra

s. 7

s. 7

s. 7

s. 7

s. 3(2)

s. 3(3)

s. 3(1)

(1965] 2 S.C.R. 366

SRRI RRAGWA

[1964] 1 S.C.R. 200

Viswanatha Sastri

B. R. L. lyrngar

S. K. Mehta

K. L. Mehta

C. B. Agarwala

S. S. Khanuja

Gcnpat Rai

ijendragadkar

s. 7

Control of Rent and Eviction Act, 1947

Ram Chand

Kai!ash Chr.nd

Lala Shri

Bhagwan

Shrimati Go pal Devi

s. 3

February 4, 1953

s. 7

May, 7, 1953

July 28, J 953

s. 7

Civil Judge, Agra

August 31, 1957

First Additional Civil Judge, Agra

30th May, 1959

Allahabad High Court

s. 7

s. 7

s. 7

s. 7

s. 7

s. 7

s. 3

s. 7

Reid

India

Section 3

s. 3

s. 3(1)

s. 3(1)

s. 3(1)

Transfer of Property Act

s. 3(1)

Section 3

s. 3

s. 3(1)

s. 7

s. 3(1)

s. 7

s. 7

Section 7

s. 3

s. 7

s. 7

s. 7

s. 3(1)

s. 3(1 )

Transfer of Property Act

Section 3(1)

s. 3(1)

s. 3(2)

s. 3(2)

s. 3(3)

s. 3(3)

s. 3(3)

s. 7

s. 7

s. 7

s. 7

Section 14

s. 3

s 3

s. 3

s. 3(1)

s. 3(2)

s. 3(3)

s. 3(2)

s. 3(3)

High Court of Allahabad

Murlidhar

Laxman Purshottam Pimputkar

s. 79

section 3

ss. 3 and 7

Laxman Purshottam Pimputkar'sC


D •

UNIVERSITY OF MYSORE

GOPAL GOWDA AND ANOTHER March 2. 1965

[K. SuBBA RAO, J. C. SHAH AND R. S. BACHAWAi.r, JJ.J Mysore University Act, 1956, ss. 22, 23, 43-Power to make regulations for "maintenance of standards.,'-Scope of.

Under Sections 22, 23, and 43 of the Mysore University Act, the Academic Council of the University \\i., as empowered, inter alia, to control and operate the teaching, courses of study, to secure maintenance of standards, etc., and to make necessary regulations including those relating to examinations, and conditions on which student~ may be admitted to examinations, degrees, diplomas, etc.

In exercise of these powers, the Academio Council made certain Regulations relating to the grant of a degree of Bachelor of Veterinary Science and by clause 3(c: of these Regulations, it was provided that no candidate who failed an examination four times, would be permitted to continue the course.

The respondents were declared unsuccessful in four successive First Year Course examinations and the Controller of Examinations informed each respondent that he had lost their right to continue studying for the degree. The respondents thereupon filed petition~ in the High Court, praying for the issue of writs quashing the orders communicated to them and directing the University to permit them to appear for the subsequent examinations and to continue their studies.

The High Court held that Regulation 3(c) was beyond the competence of the Academic Council and the University.

On appeal to this Court: HELD: that power to maintain standards in the course of studies confers authority not merely to presc<ribe minimum qualifications for admission, courses of study, minimum attendance at an institution which may qualify the student for admission to the examination, etc., but also authority to refuse to grant a degree, diploma, or othe11 academic distinction to students who fail at the final examination and to direct that a student, who is proved not to have the ability or the aptitude to complete the course within a reasonable time, 1o discontinue the course.

There is no warrant for restricting the expression "maintenance of standards" only to matters such as minimum attendance, Ieng!~ of the course and prescription of minimum academic attainments.

[233F-H] CIVIL APPELLA\TE JURISDICTION: Civil Appeals Nos. 565- 566 of 1963.

Appeals by special leave from the judgment and order dated January 31, 1962 of the Mysore High Court in Writ Petitions Nos. 940 and 1056 of 1961.

G. S. Pathak and M /s. Rajinder Narain and Co. for tbe appellants.

R. Gopalakrishnan, for the respondent.

The Judgment of the Court was delivered by

Shah, J. These appeals raise the question whether the Academic Council of the Mysore University was competent in exercise

of the powers conferred by ss. 22, 23 and 43 of the Mysore University A Act 23 of 1956 to frame cl. 3(c)· of the Regulations relating to the grant of the degree for Bachelor of Veterinary Science (B.V.Sc.).

The Mysore University Act 23 of 1956-hereinafter referred to as 'the Act'-was enacted to provide for the reorganisation of the University of Mysore and other incidental matters. The powers of the University are described in s. 4. Section 21 provides for the con- B stitution of the Academic Council-which is one of the authorities of the University designated under s. 13-and s: 22 sets out the powers of the Academic Council. It provides:

"The Academic Council shall, subject to the provisions of this Act, have the control and general regulation of C teaching; courses of studie.s to be pursued, and maintenance of the standards thereof and shall exercise such other powers and perform such other duties as may be prescribed."

By s. 23 other powers of the Academic Council are prescribed.

Insofar as it is material, the section provides: D

"In particular anj without prejudice to the generality of the powers specified in section 22, the Academic Council shall have, subject to the previsions of this Act, the following powers, namely:

(a)

(b)

x x

x x

(c) to make Rgulations relating to courses, schemes of examinations and conditions on which students shall

be admitted to the examinations, degrees, diplomas, cer F tificates and ether academic distinctions;"

Section 43 of the Act sets out the scope of the Regulations. It enacts :

"Subject to the provisions of this Act, the Regulations may provide for the exercise of all or any of the powers, G enumerated in "secticns 22 and 23 of this Act and for the following matters, namely:

(i) the admission of students to the University;

Iii) the recognition of the examinations and degrees of other Universities as equivalent to the examinations and R degrees of the University;

tiii) the University coJ'rses and examinations and the condit\ons on which students of the University and affiliated colleges and ether Unive sity iiiStitutions shall be admitted to examinations for the degrees, diplomas and

ertificates of the University; and

c I

(iv) the granting of exemptions." In exercise of the powers conferred by ss. 22, 23 and 43, the

Academic Council made Regulations relating to the grant of a degree for Bachelor of Veterinary Science. Clause 3(c) of the Regu. lations is as follows:

"No candidate who fails four times shall be permitted to continue the course." The Mysore Veterinary College, Hebbal, Bangalore, is one of tho colleges affiliated to the University of Mysore for training students for the degree course in Bachelor of Veterinary Science (B.V.Sc.).

These two appeals arise on facts which are closely parallel.

Gopala Gowda-respondent in C.A. No. 565 of 1963-was admitt ed in the year 1958 as a student in the First Year Course in the Mysore Veterinary College. Gopala Gowda was declared unsuccess. ful in four successive First Year Course examinations. The Con troller of Examinatiorn;, Mysore University, then informed Gopalai

Gowda by letter dated August 2, 1961 that he "had lost" his right to continue studies for the Bachelor of Veterinary Science (B.V.Sc.) course under Regulation 3(c) of the Regulations governing the course of study framed by the University leading to the degree of the Bachelor of Veterinary Science (B.V.Sc.). Gopala Gowda then presented a petition in the High Court of Mysore praying that, for reasons set out in his affidavit, the High Court do issue a writ quashing the order communicated by the Controller of Examina

tions in his letter dated August 2, 1961 and do further direct the University of Mysore and the Controller of Examinations to permit him to appear for the subsequent examinations and to prosecute his training for the Bachelor of Veterinary Science Course. The other respondent Bheemappa Reddy had also failed to satisfy the examiners in four successive First Year Course examinations com mencing from April 1959, and on being intimated by the Controller of Examinations that he will not be permitted to continue his train ing for the Bachelor of Veterinary Science (B.V.Sc.) course under Regulation 3(c), he filed a similar writ petition in the High Court.

The High Court of Mysore held that Regulation 3(c) of thci Regulations governing the course of study leading to confermeni of the degree of Bachelor of Veterinary Science of the Mysore University could not be said "to subserve the purpose of maintain ing the standards mentioned in s. 22 of the Mysore University Act" and on that account was beyond the competence of the Academic Council or the University and those bodies had no power to prevent Gopala Gowda and Bheemappa from prosecuting their studies and from appearing at the subsequent examinations. With special leave, the University of Mysore, the Controller of Examinations and the Principal of the Mysore Veterinary College, have appealed.

In the view of the High Court, under s. 22 of the Act the Academic Council could prescribe minimum qualifications for

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SUPREME COURT REPOHTS

(J 965) 3 S.C.R.

• ar:'.mission to a degree course in an affiliated college, and also could prescPibe standards which qualify a candidate for admission to the degree or academic distinction, but the Coundl had not the power to prescribe a condition on the satisfaction of which a

student admitted to the Course could prosecute his study in the course to which he had been admitted. Power to frame Regulations for "maintenance of standards" within the meaning of s. 22 and vrescribing conditions on which a student shall be admitted to an examination within the meaning of s. 23(3) (c) did not, in the opinion of the High Court, import power to make Regulation preventing a student admitted to a course from prosecuting his study, for the

only consequence of failure in an examination is that the student does not qualify himself for admission to the degree sought by him,'and the University would be entitled to withhold conferment of the degree. but not to obstruct the prosecution of the course of

study. The expression "maintenance of standards" in the view of the High Court could only take in considerations such as undergoing a course of study and keeping a prescribed minimum attendance to an institution maintained or recognised by the University, but it does not and "cannot be taken to mean that by reason only of the fact that a student has not attained the standard of knowledge or proficiency required for passing the examination within that period, he can be said to be for all times incapable of attaining that standard." The High Court proceeded to observe "The power to maintain certain standards before a degree or other academic distinction is conferred upon a person involves the power to withhold the conferment of that degree unless a person attains the necessary standard, but it cannot either in logic or in justice involve the power to refuse to permit a person to attain that standard. That power can and should be exercised at the time of admission into the course of study if the University is of the opinion that the applicant for .admission into the course does not even possess the minimum suitability for taking that course of study.

Once it admits him into the course of study, it must be held to have entertained the opinion that he does have the minimum suitability to take that course which means that he has the capacity by undergoing the course of study to attain the standard necessary for receiving the degree."

We are unable to agree with the view expressed by the High Court. The Academic Coundl is invested with the power of controiling and generally regulating teaching, courses of studies to be pursued, and maintenance of the standards thereof, and for those H purposes the Academic Council is competent to make regulations, amon_gst others, relating to the courses. schemes of examim, tions and conditions on which students shall be admitted to the ex;•minations, degrees, diplomas, certificates and other 8Cademic' distinctions. The Acarlemic Council is thereby invested with power to co:itrol the entire academic life of the student from -the stage of

admission to a course of study to the ultimate conferment of a. degree or academic distinction. Admission to a course or branch ol

study depending upon possession of the minimum qualifications prescribed does not divest the Academic Council of its control over the academic career of the student, for the Council has for maintaining standards the power to prescribe schemes of examinations, and also to prescribe conditions on which students shall be admitted to the examinations. Power to prescribe conditions on which a student may be admitted to the examinations, in our opinion, neces sarily implies the power to refuse to admit a student. in certain contingencies, for the power to admit to an examination implies the p0wer to weed out students who have on the application of a reasonable test proved themselves to be unfit to continue the course or prcsecute training in that course. If on account of general inaptitude for being trained in a course or on account of supervening disability to prosecute a c9urse of study, a student admitted to that course is found by the Academic Council to be unfit to prosecute his training, it would, in our judgment, be within the power of the Academic Council, in exercise of its authority to control and maintain standards, and also of its authority to prescribe conditions on which students may be admitted to examinations, to direct that thei student shall discontinue training in that course. And failure by a student to quolify for promotion or degree in four examinations, is certainly a reasonable test of such inaptitude or superver:ing disability. If after securing admission to an institution imparting training for professional courses, a student may be held entitled to continue indefinitely to attend the institution without ade,1uate application and to continue to offer himself for successive examinations, a lowering of academic standards would inevitably result.

Power to maintain standards in the course of studies, in oµr judg ment, confers authority not merely to prescribe minimum qualifications for admission, courses of study, and minimum attendance a~

an institution which may qualify the student for admission to thel examination, but also authority to refuse to grant a degree, diploma, certificate or other academic distinction to students who fail to satisfy the examiners at the final examination, and to direct that a student who is proved not to have the ability or the aptitude to complete the course within a reasonable time to discontinue the course. There is no warrant for restricting the expression "maintenance of the standards" only to matters such as minimum attendance, length of the course and prescription of minimum academic attainments.

The High Court was therefore in error in holding that tho Academic Council had no power to prescribe Regulation 3(c). We are informed at the Bar, however, that since the High Court decided the case on January 31, 1962, the two respondents were permitted to continue their courses of study and they have appeared for the subsequent examinations and they were declared to have duly

passed their second and third year examination and have been permitted to keep terms for the degree examination. Even though, the view taken by the High Court was erroneous, we do not think, having regard to the fact that the respondents were permitted to continue their course of study, the University not having applied for any interim orders pending disposal of these appeals, that any order should be passed in these appeals so as to deprive .the respondents of the training they have received. .

These appeals are filed with special leave, add in the exceptional circumstances of the case, we do not think we would be justified, merely because we disag1e w; th the int~.prctatiun of the High Court of the relevant regulation, in making an effective order against the respondents so as to nullify the resul~~ declared by the University concerning them in r•e3pect of the second and third yeur exan1i11udons.

The appeals are therefore dismissed. There Will be no order as to costs.

Appeals dismi.ised.

UNIVERSITY OF MYSORE

GOPAL GOWDA AND ANOTHER

March 2. 1965

K. SuBBA RAO, J.

C. SHAH

Mysore University Act, 1956

ss. 22, 23, 43

Sections 22, 23

Mysore High Court

G. S. Pathak

Rajinder Narain and Co.

R. Gopalakrishnan

Shah

ss. 22, 23 and 43

cl. 3(c)

s. 4

Section 21

s. 13

s. 23

section 22

Section 43

ss. 22, 23 and 43

Clause 3(c)

University of Mysore

Gopala Gowda

Mysore Veterinary College

Gopala Gowda

Gopalai

Gowda

High Court of Mysore

Bheemappa Reddy

Mysore University

s. 22

Bheemappa

s. 22

s. 22

s. 23(3)

January 31, 1962