JASBIR SINGH Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) We have before on three writ petitions Nos. 5838, 5943 and 6020 of 1988. There are 192, 18 and 55 petitioners respectively in these cases. ln the first two petitions notice of motion has been issued in the respondent-University and the co-respondent and in response thereto Mr. J.L. Gupta, Sr. Advocate, is here to defend the petitions. In the third one we issue notice of motion now and on the statement of Mr. J.L. Gupta treat it as completed.

(2.) Broadly Stated, the petitioners are examinees of Graduate classes of various semesters for the examination held in April 1988. The petitioners and other students appeared at Centres at Guru Nanak College, Ferozepur Cantt, R.S.D. College, Ferozepur City, D.M. College, Moga doll J.C. Dav College, Dasuya, as allotted to them. There were reports of mass copying in these Centres and the Examination Reforms Committee went into the matter. It made a recommendation on July 8, 1988 mentioned hereafter :-

(3.) The frontal attack to the measure proposed by the Examination Reforms Committee is that its proposal has been taken as a decision of the Syndicate when it is the Syndicate alone who could take a decision and that too after giving the petitioners an opportunity of being heard. Factually, it is not denied that the Syndicate till today has not taken the decision. Legally it is not disputed that under Regulation 29 it is the Syndicate who is to record satisfaction and decision after enquiry. It would be useful to reproduce here Regulation 29 : -