Bombay High Court Upholds Student Rights, Mandates Compliance with Grievance Redressal Committee Recommendations

Maharashtra National Law University Ordered to Facilitate Exam Participation for Students with Attendance Discrepancies

In a landmark decision, the Bombay High Court's Nagpur Bench has ruled in favor of Aman Jaiswal, a law student at Maharashtra National Law University, emphasizing that recommendations made by the Student Grievance Redressal Committee (SGRC) under the University Grants Commission (Redressal of Grievances of Students) Regulations, 2023, are binding on educational institutions. The judgment, delivered by Justices Anil L. Pansare and Raj D. Wakode, mandates the university to implement the committee’s recommendations, allowing Jaiswal to appear for examinations despite attendance shortfalls.

The case arose when Aman Jaiswal was debarred from his fifth semester examinations due to inadequate attendance, a situation exacerbated by being forced to vacate his hostel. After approaching the SGRC, the committee recommended special exams without penalizing him for attendance-related issues. Despite these recommendations, the university did not permit Jaiswal to sit for his exams, prompting him to seek judicial intervention.

In their detailed judgment, the High Court clarified the mandatory nature of SGRC recommendations, noting that these are neither advisory nor subject to approval by the university's competent authority. The judgment referenced Regulation 5 and Regulation 10 of the UGC's 2023 Regulations, highlighting that non-compliance could lead to severe penalties, including the withdrawal of grants.

The court referenced past precedents, including a Delhi High Court ruling that emphasized the balance between maintaining academic discipline and ensuring students' mental well-being. It further reiterated the binding nature of SGRC recommendations, supported by the University Grants Commission Act, 1956, which mandates compliance with regulations framed under Section 26.

This ruling not only impacts Jaiswal but sets a precedent for educational institutions across India, affirming that student grievances must be addressed promptly and fairly, with institutions bound to act on SGRC recommendations unless legally challenged. The judgment reinforces the importance of upholding student rights and ensuring educational policies do not impede academic progress.

Bottom Line:

University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 - Recommendations made by the Student Grievance Redressal Committee (SGRC) are mandatory and binding on the institution unless challenged or set aside.

Statutory provision(s): University Grants Commission Act, 1956 Section 26, University Grants Commission (Redressal of Grievances of Students) Regulations, 2023 Regulation 5, Regulation 10, University Grants Commission Act, 1956 Section 14

Aman Jaiswal v. Vice Chancellor, Maharashtra National Law University, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2814165