PIARA SINGH Vs. PUNJABI UNIVERSITY PATIALA

JUDGEMENT

(1.) This Letters Patent Appeal No. 1094 of 1990 as well as three connected Letters Patent Appeals Nos. 1095 of 1990, 1132 of 1990 and 1218 of 1990 have been filed against the judgment of learned single Judge of this Court, dt. 8-6-1990 whereby Civil Writ Petitions Nos. 7994 of 1989, 9367 of 1989 and 7659 of 1989 seeking quashment of order dated 15-5-1989 issued by the Controller, Punjabi University, Patiala, abolishing the examination Centres of B.A. Part I and Part II and M.A. Part I and II in some papers on the basis of the reports of Special Flying Squads concerning mass copying by the examinees at Prem Ashram Senior Secondary School, Amritsar and Sant Singh Sukha Singh Senior Secondary School, Amritsar, cancelling all the examinations held from 25th of April, 1989 up to 15/05/1989 and seeking further directions that the University be restrained from reholding the examinations and the respondents be directed to evaluate the papers in which the petitioners had appeared up to 15th of May, 1989, were dismissed. All the aforesaid Letters Patent Appeals shall be disposed of by one judgment as common questions of law and fact are involved in all these appeals.

(2.) Facts relevant for the disposal of these appeals are that on receipt of the report of Special Flying Squad about mass copying indulged into by the examinees at Prem Ashram Senior Secondary School, Amritsar and Sant Singh Sukha Singh Senior Secondary School, Amritsar and being satisfied that the integrity of University examination has been violated, the Vice-Chancellor vide order dated 12-5-1989 directed abolition of the aforesaid two examination Centres and ordered re-examination in some papers in B.A. Part I, Part II, M.A. Part I and Part II held in April-May, 1989. The action of the Vice-Chancellor was confirmed and approved by the Syndicate at its next meeting on 10th of June, 1989. According to the petitioner-appellants who are examinees, the University i.e. the Syndicate alone was competent to take action under Ordinance 37 on being satisfied after holding proper enquiry that the integrity of the University Examination has been violated at the aforesaid examination Centres, as consequence of wholesale unfair assistance rendered to the examinees; that the impugned orders passed by the Vice-Chancellor abolishing the examination Centres and ordering re-examination were void ab initio and the decision of the Vice-Chancellor was no substitute for decision on the satisfaction of the Syndicate, and that the impugned orders were passed in violation of principle of natural justice and without holding any enquiry are null and void. The validity of the orders being passed with retrospective effect was also challenged.

(3.) The respondents in their written statement contended that under S.9-A(8) of the Punjab University Calendar Volume I, Vice-Chancellor was duly vested to take action when in his opinion an emergency has arisen which required immediate action to be taken and the Vice-Chancellor deems such action to be necessary. Exercise of power is subject to the condition that Vice-Chancellor has to report the action for confirmation in the next meeting of the Syndicate which in ordinary course would have dealt with the matter. In the present case the action of the Vice-Chancellor was approved by Syndicate in its meeting on 10th of June, 1989. It was further pleaded that Vice-Chancellor was fully satisfied on the report of the Special Flying Squads that mass copying was going in the Centre and the Supervisory staff of the Centre had miserably failed to prevent the said mass copying. Thus, in order to take appropriate action to prevent the mass copying an order for cancellation was duly issued by the Vice-Chancellor in due exercise of his power and an emergency having arisen, which was affirmed by the Syndicate as envisaged by Ordinance 37 in Chapter 23 of the Punjabi University Calendar 19 Vol. II. Opportunity of hearing was denied in peculiar facts and circumstances of the case. It was further contended that the petitioners have not been punished and their re-examination will be held at the new examination Centre as per orders of the University.