“_Opinion._--We are of opinion that the University Court, in virtue
of the powers conferred upon it by the 12th section (2) of the Act
1858, have power, after communication with the Senatus, and with the
sanction of the Chancellor, and after the University Council have
considered the subject, to grant permission to women (as they did in
1869) to matriculate as students, and the resolutions of the Court in
that year are valid.
“_Query_ 6.--Whether the medical Professors are exonerated from
obligation to teach, in some way or other, all matriculated students,
by the fact, that, in clause 3 of the regulations quoted above, it is
merely stated that they ‘shall be permitted to have separate classes
for women?’
“_Opinion._--The University Court having statutory powers to ‘effect’
improvements in the ‘internal arrangements of the University,’ and it
being within their power, under this enactment, to allow women to be
educated at the University, we are of opinion that this resolution
must be carried out in good faith and obeyed by the Professors. The
third resolution of the University Court of November 1869, which
‘_permits_’ the Professors to have separate classes for women, in no
way derogates from the resolution of the Court that women ‘shall be
admitted to the study of medicine.’
“_Query_ 7.--In case such women as are matriculated students of
medicine in the University are refused instruction by the individual
medical Professors, what is their legal mode of redress, and against
whom should it be directed?
“_Opinion._--We are of opinion that the University Court can compel,
by action, the medical Professors to obey the resolutions of November,
1869, by holding separate classes for the education of women. With
respect to the title of the women, we think that those of them who
have matriculated and passed the preliminary examinations have a
title, and may enforce their rights by action. The proper form of
action is, we think, a declarator against the Professors refusing to
obey the resolution of the University Court, with petitory conclusions
to the effect that they should be ordained to hold separate classes
for the instruction of the pursuers, they receiving their due
remuneration.
“_Query_ 8.--Whether, in the first constitution or charter of the
University, or in any of the subsequent statutes, there is anything
which limits the benefits of the University to male students.
Public-domain text, read in full here on John Shaqi.
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