Holding

The 1980 decisions are intra vires the Syndicate’s powers under Section 20(5) of the Punjab University Act and are prospective, not retrospective.

Summary

The Punjab University had initially recognised the 12th standard examination of the 10+2+3 system as equivalent to its pre‑University exams, but later altered this policy in April and May 1980, stating that only examinations conducted by recognised boards would be deemed equivalent. A group of students who had relied on the earlier recognitions challenged the new decisions, claiming they were retrospective, violated their vested rights and invoked promissory estoppel. The University contended that the Syndicate possessed authority under Section 20(5) of the Punjab University Act to make such rules, analogous to the Senate’s power under Section 31, and that the new rules were prospective. The Supreme Court examined the statutory powers of the Syndicate and held that the 1980 decisions were intra vires and not retrospective, thereby not infringing the students’ vested rights. Consequently, the Court allowed the University’s appeals, set aside the High Court judgments, and dismissed the writ petitions without costs.

Issues considered

Whether the Syndicate of Punjab University has authority under Section 20(5) of the Punjab University Act to make rules equivalent to those of the Senate under Section 31.
Whether the University’s 1980 decisions are retrospective and thus violative of the students’ vested rights and the doctrine of promissory estoppel.
Whether the University can alter the equivalence of 10+2+3 examinations for students who had already commenced their education.

Legislation cited

Punjab University Acts. 20(5), s. 31

Subjects

University Syndicate powersRetrospective rulePromissory estoppelVested rights10+2+3 education systemEquivalence of examinationsHigher education law

Judgment

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s1?

PUNJAB U,NIVERSITY CHANDIGARH A
v.

DEVJANI CHAKRABARTI & OTHERS

. May 17, 1984 ' .. B
'~ j [A.P SEN, A. VARADARAJAN AND V. BALAKRiSHNA ERADI, JJ.]

· Punjl:b University Act, Section 20 (5) and Section 31-Power of the
Syndicate, to make rules, relating to the pattertr of education- No rule can -be
S(lid to be retrospective merely because they subsequently applied to students C
who. had earlier started their educadonal careers. ·
,.
·With the introduction of the system known as f'lO plus 2 plus 3" in
the educat_ional L1sti1utions in the couutry, the Asscciation of the Indi'an
) Universities decided the equivalence of this 10+2+3 system with the ·old
11+3 yeafs degree course system still prevalent is some States and it
suggested that in all States where the paitern of education is such as to D
require 14 years for the first degree i.e.-11 +3 years the new plus 2 stage
of the· Central Board of Seconda-ry Education be ireated as equivtilent to a
pass in 1he first year ·or the three years degree course or fOr admission to
the first Y~'<ff of the t\vo years degree Course. The ·appellant Punjab
University, drcid~d on 10:2.1977 that the 12th standard• exa,mination
conducted by the Bo~rds/Univcrsities under the new 10+2+3 system be
recognised as equiva-lent to the· Pre-Medical/Pre-Engineering/B.A. Part I/ E
B.sc:Part I/B. Com. Part I examination according to the combination of
the subjects. Subsequently~ on .4.(i.1978 the Punjab Uliiversity decid6d
to ireat the 11th standard of the new to+2+3 system as equivalent to
. the Pre~LTniversity cxaminatioi:;i. of the Universi_ty. These recognitions of
the equivaleoce of th£se twO txaminations continued till the beginning of
the year 1980. But on 18.4.1980 the Punjab University decided that the
first year student of 1he plus 2 course in the 10+2+3 system of the . F
Central Board's schools who does not take a pub-lie examination at the-' end
cf the first year should not be considered ·as equivalent to the student who
has passed lhe pre-University ·examination of-the PuQjab Unive.rsity for
,) joinirg the Pre-Medical/Prc.Enginceriog/B.A. Par! I/B. Sc. Part I/B Corn.
Part I of the University. On 7.5.1980, the Punjab University decided
that Ille 12th Standard ·Exainination in the new 10+2+3 system conducted
" b)'. any recognised Board/Council/Unlv,er.sity shall be treated as equivalent G
to the pre~lJniversity Examination df the University.

lhe respondents in C~ 1977/80, namely 1 to 37 who had passed the
I "th Stardard Examination in tbe!O+ 2+3. system of the Central Board of
Education and respondents 38 to. 9.! who had been promoted. from the 11th
j . Standa~d to the 12th Standard in that system cha!Jeoged the two decisions H
•
li16 SUPREME COUl!T l!EPOl!TS (1984) 3 s.C.R.

A of the Pqnjab University dated 18.4;.1980, and 7.5.1980 by filing W.P.
1917 of 1980 contending that in· view of the earlier" decisions Of the
Universitynamely,.Annexures P. 2 and P. 3.dated 10.12.1977 and 4.6.1978
respec,tively they bad joined the classes in the plus 2 course with the object
of joining .the coj\ege,s affiliated to. the University in the next class of .
equivalence as alsq Engineering and Medical Colleges. and that the lJniversity
cannot, therefore, change those decisions by the subsequent decisions,
B (Ann~xures R. 2 and- R. 3) to their detrinient. They invoked the doctrin·e •
of promissory cstoppCI in regard to th_at ground Or attack on ti:u::.c two
decisions; The second groudd of<.1ttack by the petitioners in·. _W.P. 1917
of 1980 was that the d~cisions Annexures R-: 2·& R-. 3 are _retrospective .in
operation and they have taken away their vested right and. that the Univer~ ·
sity bas no power, either under lhe· Punjab University Act or under any,
statute, regulation or rule to make any regulatio'o,) rule or ordinance
c ·adversely affecting their vested rights retrospectively,

The learned Judges of the D'ivision Bench rejected· the con_teotipn of
the ·petitioners before them that- tb_e Syndicate bas no power which th6
Senate has under s.31 of the Act and held that the Syndicate has similar
powe;rs under s.20 (5) of the ·Act. They rejected ·the further contention
.that there is any bar of promissory estoppel against the University in regdrd
D to the mattt.."r and, however, held .that petitioiiers 1 to 37 had ·joined the
t0+2'coursC in the Central School lying within the territOrial jurisdicti.oo
of the Punjab Univorsity in 1978 and had passed the 12th Standard Exami-
nation and had _planned their education in a particular manner to join the
co1leges ~ffili_3ted t.o the Punj<ib University in the second year of· the 3
year degree course and other courses after passing the· 12th staildard exa ..
mination in the plus 2 system, Thfy. held that Annexure R.J wiil deprive
E petitioners f to 37 and Anncxtire R.2 will dep.rive petitioners 38 t'o 92 of
right to seek admission in Engineering and -Medical Colleges after passing
the 12th Standard in the 10+2· system.' and Anrtexures R.2 and and R.3
take away that r_igbt ·and are retrospective in nature. In coming to this
conciution the learned Judges of the DiVisioo Bt:nch relied vefy strongly
upon the decision of the Full Bench of the Punjab & Haryana High. Court
F in Punjab University vs. Subflash C~ander, 1976 P.L.R. 920. In view of
their decision in W.P. 1917 of 1980, another Bench allowed another W.P.'
2349 of 1980 fiied by the respondents Inc.A.. 2667/83. Hence the appeals·
by the. University. . ·

Allowing the appeals, the Court,
'
G
HELD : !. The decisions dated 10.12.1977. 4,6.1978, 18.4.1980
-and 7.5.1?80. respectively _are intra vireS the powers of the Syndicate' to
make rules etc- under seation 20(5) of the Puajub University Act in tho
same manner as the Senate can do undet's. 31 of that Act. [819F)

2. In view of the decision ofthe Supreme Court dated 17.S 1984
H rendered in Subha.ih Chander v. Punjab University (Civil Appeal No. 2828/
1979 arising out. of 1976 I!.L.R. ·920) and reversing the said decision of
the Punjab High Court relying. on which the two Judgments . now uµder
PUNJAB v. D. Cl!A!<RABARTI (Varadarajqn, J.)
•
·l · appeal, were pls<>ed,. in. the pre1e:1t ca<;e al'>O th3 two inpugl'l'd d~::id ons
. ure prlma facie P~o:;p~ctiv~ in op.::raUo'.l and th:y did not b.::,;:on1c rctro<;v
A

pcctive merely b;:c:1.uc;e they sub5equ~ntly applied. to stud.::nts who hld already
started their edu:.itioual car.!ers: . H·Jw~·ver, thi:r decision will not effect
the right which nlight have b·Jen grailted to th~ peti'~ipners in the writ
petitions on the basis of the Judgments of the High Court which have been
reversed io tllese appe1h [810F; 82lE·F]
B
CIVIL APPELLATE JURISD!Cf!ON: Civil Ap 1eal No. 13.81 of 1980
Appeal by Speci~l leave,from the Judgment and Order dated
the 7th July, 1980 of the Punjab and Haryana High Court in Civil
Writ Petition No. 1917 of 1980.
A.nd
c
Civil Appeal No. 2667 of!983.
Appeal.by Special leave from the Judgment and: Order dated
t]\c 8th July, 1980.ofth,; Punjab and. Haryana High Court in Civil
Writ No. 2349 of 1980.
. Jawahar Lal Gupta, Janendralal abd B.R. · Agarwal for the D
Appellant; .
·Randhir Jain for the Respondents.
The Judgment of the Court ,was delivered by
VAR<ADARAJAN; l· These appeals by special leave are 1'y the
Punjab University and directed against two Division Bench judg- E
men ts of th·o Punjab and Haryana High Court in writ Petitions 1917
of 1980 and 2349 of 1980, allowing those W1it Petiiions without an~
order as to costs. W.P. 23~9 of 1980 was allow;d at the motion
stage on 18 7.1980 as being covered by the decision in W.P. 19 l 7 of
1980 which was disposed of on.7.7.IY80. Kulwant Singh Tiwan.a, J.
is a. pa,·ty to both ti1e judgments and he sat with Harbans Lal,. J, for F
hearing W.P. 1917 of J980. and with'M.M. Punchi,'J. for hearing
W.P. 2349 of 1980. In these circumstances, it is necessary to state
only the facts relating to W,P. 1917 of1980 alone briefly.
· The system known as "IO plus 2 plus 3 system" was introduced
,; in the educational institutions in the cobl.lltry some ·years ago. The
G
Association ·Of Indian ·universities c!ecided the equivalence of thiS ·
I 0+2+3 system with the . old I l + 3 ye'ars degree course systein
which was prevalent in some States and it suggested that in all States
where the pattern of education is such as to require I 4 years for the
first degree, i.e. 11 +3 years, the new plu; 2 stage of the Central
Board of Secondary Education be treated as equivalent to a pass in H
the first year of the three-years dagree'course or for admission to
the. first year 9f the two·years degree cou'rse. This suggestion was ·
818 SUPREME COURT REPoi!.ts (1984] 3s.c.R.

conveyed by the Associatio.n of the Indian Universitre.s to the
Chairman of the Central Board of Secondary. Education by a letter
dated 18.4.1978. The appellant, Punjab University, decided on
10.2.1977 that the 12th .standard examination conducted by the
Boards/Universities under thJ new rn+2+3 system be recognised
as equivalentto the Pre-Medical/Pre-Engineering/]J.A. Part .!/B.Sc. ';
B Part rm. Com Part I examination according to the combination of
the subjects. Subsequently, on 4.6..1978 the Punjab University
decided io treat the !Ith standard of the ~ew !0+2-f!3 system as
. ~quivalent to Jhe pre-University examin.ation of the University.
Copies. of tho~e dccis'ons dated 10.12.197'1 and 4.6.1978 ,were·
Annexures P. 2 and P. 3 .respectively in W.P. 1917 of 1980. These
·C
recognitions of the equ'lvalence of those tw'o·exami,nations continued
till the beginning of the year 1980. But on 18.4.1980 the Punjab
University derided that the first y,ear student of the plus·2 course in
the 10+2+3 system of the Cent.ml Board's schools who does not
take a public examination at the end of the f:trst year should not be
D considered as equivalent to the student who has p'1ss.ed the . pre-
University examination of the Punjab University for joilling the Pre-
Medical/Pre-Engineering/B.A Part I/B. Sc. Part I/B. <:'om. Part I
oqhe Uniwrsity. On 7.5. 1980, the Punjab University decided that
the· IZth Standard Examination· in the 'new· 10+2+3 ~ystem
conducted by any .recognized Board/Council. University sh~ll M
E treated as equ:valenl to the pre· University Examination of the
University' These decisions dated 18.4.1980 and 7.5.1980 are
Anaexures R·2 and R·.1 respectively in W.P, 1917 of !980.
I
Petitioners 1 to 37 in W.P. 1917 of 1980 had passed the 12th
standard examination in the 10+2+3 system of the Central Board
F . of Education and petitio~ers 38 to 92 in the Writ Petition ~ad been
promoted frotrJ.the 1lth standard to the 12th standard in that system.
These 92 pctititll1ers f:t!ed W.f>. 1917 of 1980 challenging the Punjab
University's decisions (Annexui·es R-2 and R-3) dated 18.4.1980 and
7.5.1980 contending that in view of the earlier decisions of the ,
University, namdy, Annexures P. 2 and P. 3 dated 10.12.1977
0·
and 4.6.1978 respectively they had joined the classes in the
plus 2 course with object .,f joining the colleges ·affiliated to
the University .in tlie next class of equivalence as also Engi-
neering and Medical Colleses and that the University cannot, '
therefore, change those decisiOns by the subsequent decisions,
H Anncxurcs R-2 and R-3 to their deteriment. They invoked the doctr-
ine of promissory estoppel in regard to that g.round of attack on
those two decisions. The sccoi1d ground of att~k by the petitioners
PlJNJl\il v. D. CHAKRABARTI (Varadarajmi. J.) 819
in. W.P. 1917 of 1980 was that the decisions Annexures R-2 aiid A
R-3 are retrospective in operation and they have taken away their
vested right and that the University has no power, either under the
Punjab University Act or under any statute, re~ulation or rule to
make any regulation, rule . or ordinance adversely affecting their
vested. rights retrospectively.
B
'
The: defence of the appellent-University was that' the deciswns,
Annexures R-2 and R ·3 were taken in the place' of the earlier deci-
• . sions, Annexures P.2 and P.3 in th" interest of eduction oi{ the
'
'f ground that the I Ith standard examonation in the new 10+2+3
system was not a pubPc 'examination and the standard ·of education
in the schools where that system was in vague was low and even the- c
marking system in the examination ·Was lenient. The University
·further contended that even the syllabi in the equivalent examination
in the schools and colleges were. not the same. The University
·stated that the Committee of Experts which was consti'tuted by the
Vice-Chancellor of the University when the students in the engineer-
D
ing colleges· started an agitation, went into the question and sub-
mitted a report suggecting the change in r~gard to equivalenc~ in
view of the difference in the syllabi and the deficiency in the teaching
imparted in some subjects in the schools. The University, theteforc
·contended .that .the new decisions Annexures R.2 and R.3 were taken
bonafide·:i.nd are only prospective in'operetion anc( that the doctrine E
of promissory estoppel pleade-a by t~e petitioners in the Writ Pcti·
tions does not appty to the University. · •

The decisiops Annexures P.2, P.3, R.2 and R.3 arc of the
Syndi<;ate wl1ich has power to make rules etc. under s'. 20 (5) of
the Punjab Uni~ersity Act in the same manner as the Senate has F
similar power under s. 31 of that Act. The ]earned Judges of the
. Divisio,-i Bench r~jected the con{ention of th: petjtioners before ·.
them that the Syndicate has no power which the Senate has under
s. 31 of the Act and held that the Syndicate has similar powers
under s. .20 (5) of the Act They rejected .the further contention
,J that there is any bar of promissory estoppel against the University G
in regard to, the matter and, however, held. that petitioners 1 to 37
, had j0ined the 10+2 co,urse in the Central Schools lying within the
territorial jurisdiction of the Punjab University in 1978 aud passed
•
the· 12th Standard Examination and had planned their education in·
a particular manner to join tlre colleges affiliated. to the Punjab
H
University in the second year of the 3-year degree course and other
courses after passing the 12th standard ex~miintion in the plus 2
•
8 20 Sl;PREME COURT REPORTS [1984j 3 S.C.R.
(-
t
A system. They foJnd that similar is the cas~ of petiti~nors 38 to 92
in W.P. 1917 of 1980 who had l:ioen promoted from the 11th to the
12th standard i11 the plus 2 syscem. fhey held that Annexure R . 3
will Jeprive petitioners 1 to 37 and Annexurn R.2 will deprive
·petiti,nicrs 38 to 92 of the right to seek admission in Engineering
.and Medical Colleges after passing the 12th Standard in the 10+2
B system, and Anncxnres R.2 and R.3' tah away that right and are
retrospcetivc in natu1"<1. In coming to this conclusion. the learned
Judges of the Division Bench relied very strongiy upon. the decision •,
of a Full Bench of the Punjab and HITTyana High Court in Punjab
Unirersity vs. S 1bhash Chander.(l) · Tlie learned Judges accordingly
allowed W.P. 1917 of 1980 on the sole. ground, namely,· that
c Annexures R.2 qnd R.3 arc bad ·as being retrospective in operation,
without any order as to costs and held that Annexnres R.3 and R.2
will not stand in the way of potitio)1ers I to 37 and 38 to 92 respecti-
vely bofore them from seoking admission t() higher classes or in
Engineering and Medical colleges on. tho basis of the old decisions,
D Annexnres P.2 and P3. The other Division Bench 'which heard
W.P. 2349 of 19SO allowed that peiition Without any order as to
co~ts as being covered by the decision in WP. 1917 of \.98 I.

We are of the opinion that these appeals have to be allowed.
The learned Judges of the· High Court allowed the Writ Petitions
only on the ground that the new dec:sions Annexures R.t and R.3
. -E
a<e. r~trospoctive in operation and that they cannot affect the writ
petitioner> before them from seeking admission to higher classes
cir in Engineer;Jl.g or Medical Colleges on tho basis of the earlier I .
decis;ons Annexures P.2 and P .3, relying m ·1inly upon the decis_ion
of the ·Full Bench in Punjab University v. Subhash Ch1ner (supra).
F We have, in our separc1te judg•mnt , clvered tod•1y in C.A. 2828 'of
1977, which arose out of that Full Bench decision, reversed that
decision and hdd that there is nothing retrospective in the order
challenged in that case. In. that case one Subhash Chander was
acijnitted to the integrated M.B.B.S. course in the Daya Nand
Medical College, Ludhiana in tl)e y,ear 1965. At the time of his. '
G· admission, under Regulation 25 read with r.7.l, a student who fails
in one subject/paper was entitled to grace marks at I per cent of the
total aggregate marks of all the subjects for which he appeared.
But in 1970. the rule was amended to the effect that the grace marks
will be 1 per cent of the total aggregate marks for any particular
subject of the examination in which he has failed. Subhash Chander
H appeared for the. final M.B.B.S, examination in 1974 and sec11red
(I) 1976° P.L.R, 920.

•
PUNJAB v. D. CHA,[(RAJlARTI (Varadarajan, J.) 821

1 106 out of 200 marks in the ,practical examination and 95 out A
200 marks in the t~eory. examination in Midwifery, which was one
of the four subjects for which he appeared· at that time. He
had passed the examinations in the other three subjects for which
the total aggregate was 1200 ·marks. Under the old rule he would
have been entitled to 16 grace marks at 1 per cent of the total
aggregate of all the four subjects, namely, 1600 marks. But he was B •
allowed only 4 grace marks under the new rule being I p!r cent of
'
. the aggregate .for the subject in which he had failed, namely, Mid-
wifery. The· High CoUrt accepted his conten.tion that amendment
of the rule made in 1970 was retrospective in operation .though it was
made applicable Jo Subhash.Chander only' in 1974 merely becal!se
he had joined the integrated course in 1965 wlien the rule regarding
c
the award of grace marks was more liberal. In allow\ng the appeal
against the judgment of the Full Bench we have field that (there was
no question of the rule having any retrospective operative as· it was
framed in 1970 and it did not say that it was operative from any
earlier date and it was applied to Subhash Chander only in 1974.
D
: It coul.d not be stated to be retrospeptive in operation nierely because
· it was applied to Subhash Chander who had joined the course in
. 1965 before the amendment was made in 1970.

In the present case also the new decisions are prima facie
prospective in operation and they did not become retrospective 'E
~erely because they;ubsequently, applied to· students yvho. had
already started their . educational careers. We, therefore, allow
these appeals but without any order as'to costs and set aside the
judgments of the High Court and dismiss the Writ Petitions . .How·
ever, this decision will not effect the right which might have been
granted to the petitioners in th~ writ petitions on the basis of the F
judgments of the High Court which have been reversed in these
appeals.

S.R. Appeals allowed.

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