SATINDER MOHAN MEHTA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) The relevant facts are not in dispute in this petition under Article 226 of the Constitution. Satinder Mohan Mehta tools the LL.M. (Part I) examination of Punjab University held in June, 1966. He passed in all the four papers individually, but secured only 197 out of 400 marks in the aggregate. Under Regulation 11 of the Punjab University Calendar, Volume II (1966 edition), a candidate is deemed to have passed LL.M. (Part I) examination, if he obtains 45 per cent of maximum marks in each paper and 50 per cent in the aggregate. In the result of the said examination, announced on August 2, 1966, the petitioner was declared to have failed to pass as the aggregate marks secured by him fell short of 50 per cent by three. The petitioner claimed that he was entitled to get four grace marks as a matter of right, under the statutory regulations of the University. In fact during the examination, the petitioner and some other candidates had submitted a written representation, dated June 15, 1966 (Annexure R-3), for extending the provision for giving grace marks, which was prevalent for all the degrees in Master of Arts to the LL.M. examination also. After the declaration of his result, the petitioner submitted a representation, dated September 10, 1966 (Annexure R-4), to the Vice-Chancellor of the respondent University, praying for the benefit of the provision for grace marks being extended to the 1966 examination also, as it had by then been specifically extended to the LL.M. examinations to be held in 1967 and thereafter. On September 26, 1966, the petitioner submitted a detailed representation (Annexure B) through the petitioner's Advocate, to the Vice-Chancellor, wherein it was claimed that the petitioner was entitled to be declared successful as a matter of right, as the resolution of the Syndicate (Annexure C) gave the benefit of the relevant provisions to candidates taking "all the examinations in Law." It appears that the case of the University authorities was that the said resolution applied only to F.E.L. and LL.B. examinations. In the communication, dated September 26, 1966 (Annexure B) the University was called upon to grant the requisite redress to the petitioner, failing which it was threatened with legal action for enforcement of the petitioner's right under the Syndicate's resolution, dated 31st August, 1964 (Annexure C). The Assistant Registrar of the University acknowledged the notice of the Advocate and informed him in his letter, dated October 3, 1966, that the matter was receiving attention and that a final reply would follow. Not having received the promised communication, the petitioner's Advocate wrote to the Assistant Registrar, a letter dated October 10, 1966 (Annexure E) referring to certain other rules and regulations, endeavouring to show the fallacy in the position taken up by the University and requesting for an early final reply, failing which the petitioner threatened to move the Court. A final reply was ultimately given by the Deputy Registrar of the University, in his letter, dated November 5, 1966 (Annexure F), to the petitioner's counsel, to the effect that the University had made no provisions for award of grace marks for Master examinations in the Faculties of Agriculture, Commerce, Engineering or for the Master's examination in the Law Faculty. The Deputy Registrar added in his said letter that the Law Faculty had, however, at its meeting held on July 30, 1966, recommended to the Syndicate that with effect from 1967 examination, a candidate for LL.M. examination may also be awarded grace marks, and that this had been approved by the Syndicate on August 27, 1966. The Deputy Registrar added an argument in favour of the University by saying that the very fact that the Law Faculty had to decide on July 30, 1966, for award of grace marks, showed that there was no decision to award grace marks to law students prior to that date. The relevant legal position is this. The respondent University has been constituted under the Punjab University Act 1947 (hereinafter called the Act). Section 11 of the Act provides that the Senate of the University shall have the entire management of and superintendence over the affairs, concerns and property of the University and shall provide for their management, and exercise that superintendence in accordance with the statute, rules and regulations for the time being in force. By virtue of Section 20 of the Act, the executive Government of the University is vested in the Syndicate. Under the Syndicate there are the various Boards of studies relating to different faculties. Section 31 of the Act authorities the Senate, with the sanction of the State Government, to make regulations consistent with the provisions of the Act, to provide for all matters relating to the University. Section 35 requires that all such regulations must be notified in the official gazette. The regulations framed by the Senate and sanctioned by the State Government, are printed in Part B of the Punjab University Calendar, Volume I, (1966 Edition) Regulation No. 2, under the heading "Moderation of Results" in Part D relating to examinations (on page 111 of the 1966 edition), is in the following terms :-

(2.) On July 23, 1964, the Syndicate passed a resolution (Annexure H) approving rules relating to giving of grace marks to candidates in the Faculties of "Agriculture, Commerce, Education and Engineering" in the results of examinations of those Faculties held in 1964 onwards. The resolution was given retrospective effect to allow its benefit being taken by persons covered by it, even if their results had already been declared. As the resolution was concerned with subjects in which practical examinations were held and internal and external assessments were made, the provisions for giving of grace marks were also related to the practical examinations as well as other allied matters. On July 24, 1964, the Law Faculty of the respondent University passed a resolution (Annexure R-6) relating to the grant of grace marks. From the language of the resolution it appears that the Dean of the Faculty of Law had recommended the grant of grace marks only for the LL.B. degree examination. After referring to the said recommendation, the Faculty of Law, in its proceedings of the meeting held on July 24, 1964, resolved as follows :-

(3.) It would be apparent from the above narrative that the Syndicate had framed the rules, dated August 31, 1964 (Annexure C) long before the Law Faculty made its recommendations, dated July 30, 1966 (Annexure R-7) on the basis of the representations made by the LL.M. candidates. Paragrah 5 of the recommendation of the Law Faculty, dated July 30, 1966, was in the following terms :-