JAGDISH CHANDAR Vs. UNIVERSITY OF PUNJAB

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying for a writ in the nature of mandamus against the Punjab University. The admitted facts are briefly as follows. The petitioner was appearing in the B. A. Supplementary Examination held in September 1950 at Centre No. 1, New Delhi. On the 25th of September 1950, the petitioner went to take the Political Science paper B. While the examination was in progress the Superintendent saw some papers or notes near the place where the petitioner was sitting. These papers are extracts from a book on Political Science and are in the nature of questions and answers and there can be no doubt that these notes could have been of assistance to an examinee if the questions set in the Question Paper related to the topics dealt with in these notes. On discovering these papers the Superintendent charged the petitioner with improper conduct in the examination hall and the petitioner refuted the accusation. Hot words were exchanged between the Superintendent and the petitioner and the matter was reported to the University authorities. Ultimately the petitioner was disqualified from appearing at any examination of the Punjab University for the years 1950, 1951 and 1952. The petitioner's contention is that this order was wholly illegal and void and therefore a writ of mandamus should issue to the University authorities directing them to allow the petitioner to appear in the B.A. Examination to be held during the current year.

(2.) It is clear from a reading of the Regulations framed by the Punjab University under Section 31 of the East Punjab University Act 1947, that action against the petitioner was taken under Regulations 12 and 18 framed under Section 31. These Regulations are printed at page 75 of the Punjab University Calendar, Volume I. The procedure for dealing with the use of unfair means by examinees is laid down in Regulation 6 (made ?) under Sections 20 (1) (c) and (2) and 31 (b) (c) of the Act. This Regulation is printed at page 33 of the same book. The contentions of Mr. Grover who appeared on behalf of the petitioner are, (1) Regulation 12 is ultra vires. (2) Regulation 6 is ultra vires because it does not give the examinee the right of personal hearing and (3) the petitioner in this case was not given an adequate opportunity of making his defence before the University authorities. Mr. Grover also tried to argue that the findings of the University authorities on merits were not justified by the evidence before them, but we made it quite clear to him that this was an argument which we could not entertain in a petition under Article 226 of the Constitution and indeed such an argument cannot be entertained if it is held that the procedure laid down by the University Act was followed and Regulations 12 and 6 are intra vires. The sole questions for decision are whether (1) Regulation 12 at page 75 and (2) Regulation 6 at page 33 of the Punjab University Calendar, Volume I, are in any way invalid.

(3.) I shall first examine Regulation 12. The argument advanced is that this regulation has been framed under Section 31 (2) (f) of the East Punjab University Act, 1947, and the matter is not covered by item (f). Now Section 31 reads as follows: