The regulations providing for re-evaluation apply to all modes of examination, including online examinations, and cannot be overridden by the Controller of Examination.

JUDGMENT

Anil Kshetarpal, J. - 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.(7) 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

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(ba)] Director of Education, Himachal Pradesh;

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(bb) The Director of Public Instruction, Haryana, and]

(be) 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 (7) 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 inconsisten