PUNJAB UNIVERSITY CHANDIGARH Vs. VIJAY SINGH LAMBA

JUDGEMENT

(1.) These appeals arise out of a decision rendered by a Full Bench of the Punjab High Court in various writ petitions filed by the students of the Punjab University, who were disqualified for adopting unfair practices in the examinations. Most of them had copied from a common source. By a majority of 2 to 1, the High Court by its Judgement dated March 31, 1975 set aside the decisions of a Committee appointed to inquire into the charges against the erring students. The judgement of the majority rests solely on the view that despite the circumstances that two members of the Committee formed the quorum, the impugned decisions were vitiated by the fact that only 2 and not all the 3 members of the Committee participated in the proceedings. Aggrieved by the majority judgement of the High Court, the Punjab University, Chandigarh, has filed these appeals by a certificate granted by the High Court on the ground that the appeals involve a substantial question of law of general importance which requires to be determined by this Court.

(2.) The respondents to these appeals were detected in the use of unfair means by the supervisory staff at different examinations held by the Punjab University. The Deputy Registrar of the University issued notices to the respondents calling upon them to submit their replies to a questionnaire. Respondents denied having used unfair means in the examinations but their explanation having been found to be unsatisfactory, the charges were referred for inquiry and decision to the Standing Committee which was appointed to deal with cases of misconduct and use of unfair means at the University examinations.

(3.) The Standing Committee consisted of Shri G. L. Chopra, a retired Judge of the High Court, Shri Ajmer Singh, an advocate who was formerly a Minister of the Punjab Government, and Shri Jagjit Singh, the Registrar of the University. The Standing Committee was appointed by the Syndicate of the University under Regulation 31 of the Punjab University Calendar, 1973, Volume II. In a meeting dated August 17, 1971 the Syndicate passed a Resolution that two members shall form the quorum for the meetings of the Standing Committee appointed under Regulation 31. In every one of the meetings, only two out of the three members of the Standing Committee were present.