M.S. Liberhan, J. - (1.) This judgment will dispose of Civil Writ Petitions Nos. 7659 of 1989, 8081 of 1969, 9367 of 1989 and 10254 of 1969. Though there is some difference in facts, the material facts are common and the questions raised in the Writ Petition can fairly be regarded as common questions of law.
(2.) The petitioners in Civil Writ Petition No. 7659 of 1969 filed under Article 226 of the Constitution of India, challenged the order, dated May 12,1989 issued by the Controller (Examinations), Punjabi University, Patiala, abolishing the Examination Centre at Prem Ashram Senior Secondary School Amritsar and cancelling all the examinations held from April 29, 1989. A further direction was sought that the University be restrained from re-holding the examination and the respondents be directed Jo evaluate the papers in which the petitioners had appeared up to May 15,1989.
(3.) Factual matrix. On receipt of the reports and being satisfied that the integrity of University Examination has been violated at the* above centre, the Vice-Chancellor ordered the abolition of the Examination Centre and re-examination. The said action of the Vice-Chancellor was confirmed and approved by the Syndicate at its next meeting held on June 10, 1989. The petitioners claimed that under Ordinance 37 the University alone, on being satisfied after enquiry that the integrity of me University Examination has been violated at an Examination Centre as a consequence of wholesale unfair assistance rendered to the examinees, can order reexamination besides taking action under the Ordinance relating to Unfair Means to abolish the centre. It was claimed that since the. action was not taken by the Syndicate, the order of cancelling the centre was void ab initio. The decision of ordering re-examination by an authority other than the competent authority could not be substituted for the decision on the satisfaction of the Syndicate. It was further claimed that the Syndicate could take action only after holding an enquiry and granting opportunity of hearing to the concerned students and the order having been passed in violation of principles of natural justice and without holding an enquiry is null and void. The validity of the order being passed with retrospective effect was also challenged.;