Anil Kshetarpal,J. - (1.) The petitioners herein wrote terminal/final semester/final year/end year examination of 3 years degree course of Bachelor of Commerce (Hons). They are aggrieved of refusal to re-evaluate the answer sheets/books of the subject "Sectoral Aspects of Indian Economy". Due to the COVID-19 pandemic online examination was held in view of the guidelines issued by the University Grants Commission.
(2.) The question which needs adjudication is :- "Once the regulations made by the Supreme body of the University - the Senate provides for re-evaluation of the answer books, whether the Controller of Examination, in the absence of a specific decision of a smaller Committee, has the power to decide that the answer books cannot be re-evaluated with respect to an online examination in which the students after writing answer books in their own handwriting have sent them to the University?
(3.) Before this Court answers the question posed, it would be appropriate to notice the scheme of the Panjab University Act, 1947. Section 8 provides that the Supreme Authority of the University shall vest in the Senate which is a body corporate. Also, Section 20 provides for the constitution of a Syndicate which has been given powers to run the executive government of the University. Section 31 enables the Senate, with the sanction of the Government, to frame regulations consistent with the provisions of the Act. No doubt, sub-Section 5 of Section 20 also enables the Syndicate to make rules, however, those are for carrying on the Executive Government of the University. At this stage, it would be appropriate to extract Sections 8, 11, 20 and 31 of the Act. "8. Body Corporate.-Subject to the provisions of this Act the supreme authority of the University shall be vested in the Senate which shall consist of the- (a) Chancellor; (b) Vice-Chancellor; (c) ex officio Fellows; and (d) Ordinary Fellows. 11.Senate:- (1) [***] (2) Senate. -The Senate shall have the entire management of and superintendence over the affairs, concerns and property of the University and shall provide for that management and exercise that superintendence, in accordance with the Statutes, Rules and Regulations for the time being in force. (3) No act done by the University shall be deemed to be invalid merely by reason of any vacancy among either class of elected Ordinary Fellows, or by reason of the total number of Ordinary Fellows, or of members of the profession of education to be included among Ordinary Fellows, being less than the minimum prescribed by this Act. 20. Syndicate.-(1) The Executive Government of the University shall be vested in the Syndicate which shall consist of:- (a) the Vice-Chancellor as Chairman (b) the Director of Public Instruction, Punjab [* * *] (ba)] Director of Education, Himachal Pradesh; [* * *] (bb) The Director of Public Instruction, Haryana, and] (bc) The Director of Public Instruction, Chandigarh.] (c) not less than twelve or more than fifteen ex-officio or Ordinary Fellows elected by the Faculties in such manner and for such period as may be prescribed by the Regulations. (2) The Regulations referred to in sub-section (1) shall be so framed as to secure that a majority of the elected members of the Syndicate shall be Heads of or teachers in Colleges affiliated to the University or Colleges and teaching Departments maintained by the University. (3) If in any election the question is raised whether any person is or is not the Head of or a teacher in a College affiliated to the University or a College of teaching Department maintained by the University the question shall be decided by the Vice-Chancellor. (4) The Syndicate may delegate any of its executive functions to the Vice-Chancellor or to the Sub-Committees appointed from amongst the members of the Syndicate or to a Committee appointed by it which may include persons who are not members of the Syndicate or to any other authority prescribed by Regulations. (5) The Syndicate may make such rules not inconsistent with the provisions of this Act and the Regulations, as they may deem necessary, for carrying on the Executive Government of the University as specified in sub-section (1)]. 31. Regulations.-(1) The Senate, with the sanction of the Government may from time to time make regulations consistent with this Act to provide for all matters relating to the University. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for- (a) the procedure to be followed in holding any election of Ordinary Fellows; (b) the proportion in which the various Faculties shall elect their representatives to the Syndicate and the mode in which such election shall be conducted; (c) the procedure at meetings of the Senate, Syndicate and Faculties, and the quorum of members to be required for the transaction of business; (d) the appointment of Fellows and others to be members of Boards of Studies, and the procedure of such Boards and the quorum of members to be required for the transaction of business; (e) the appointment and duties of the Registrar and of officers and servants of the University, and of Professors, Readers and Lecturers appointed by the University; (f) the appointment of Examiners, and the duties and powers of Examiners in relation to the examinations of the University; (g) the form of certificate to be produced by a candidate for examination under Section 25, and the conditions on which any such certificate may be granted; (h) the registers of graduates and students to be kept by the University, and the fee (if any) to be paid for the entry or retention of a name on any such register; (i) the inspection of Colleges and the reports, returns and other information to be furnished by Colleges; (j) the registers of students to be kept by Colleges affiliated to the University; (k) the rules to be observed and enforced by Colleges affiliated to the University in respect of the transfer of students; (l) the fees to be paid in respect of the courses of instruction given by Professors, Readers or Lecturers appointed by the University; (m) the residence and conduct of students; (n) the courses of study to be followed and the conditions to be complied with by candidates for any University Examination, 50* * * and for degrees, diplomas, licences, titles, marks of honour, scholarships and prizes conferred or granted by the University; 51(o) * * * (p) the conditions to be complied with by candidates, not being students of any College affiliated to the University, for degrees, diplomas, licences, titles, marks of honour, scholarships and prizes conferred or granted by the University; (q) the alteration or cancellation of any rules, regulation, statute, or bye-law of the Punjab University in force at the commencement of this Act by virtue of Section 40; (r) the preparation and maintenance of annual accounts and the audit thereof and the submission of the report thereon to the Government; and (s) the constitution for the benefit of the officers, teachers, clerical staff and servants of the University, of such pension, insurance and provident funds as it may deem fit; 52[(t) adequate arrangement to ensure security of service for teachers of the Colleges affiliated to the University (u) adequate arrangement for proper administration of the colleges other than Government Colleges affiliated to the University]. ;