Fernando V. The University Of Ceylon

1956 Present: Weerasooriya, J., and T. S. Feranando, J.

E. F. W. FERNANDO, Appellant, and THE
UNIVERSITY OF CEYLON, Respondent

S. C. 559-D. C. Colombo, 28,909

University of Ceylon-Right of student to sit for examinations-Misconduct of student- Scope of the powers of the Vice-Chancellor and Board of Discipline to investigate and punish- Remedy when the Vice-Chancellor and Board act in excess of jurisdiction-" Judicial act "-Natural justice-Scope of certiorari proceedings- Jurisdiction of District Court-Ceylon University Ordinance, No. 20 of 1942, ss. 6 (b), 32---General Act No. 1, Chapter 8, Part I, ss. 8, 14, 17.

When a purely administrative decision is taken against a party on the basis of an invalid report made by a person who has legal authority to determine judicially or quasi-judicially a question affecting a legal right of that party, the party affected by the administrative decision is entitled to claim relief by way of regular action, notwithstanding the absence of a right of appeal.

The plaintiff, who was a candidate at the final examination in science held by the University of Ceylon, instituted this action against the University claiming that the finding of the Vice-Chancellor (assisted by a committee of inquiry) that the plaintiff had acquired knowledge of the nature or substance of one of the Question Papers before the date of the examination, and the decision of the Board of Residence and Discipline suspending the plaintiff indefinitely from all examinations of the University, be declared null and void. The Vice-Chancellor and the Board of Residence and Discipline had purported to act under sections 8 and 14 respectively of Part I of Chapter 8 of the General Act No. 1 passed under the Ceylon University Ordinance, No. 20 of 1942. Section 8 provides that where the Vice-Chancellor is satisfied that any candidate for an examination has acquired knowledge of the nature or substance of any question or the content of any paper before the date and time of the examination he may suspend the candidate from the examination or remove his name from the pass list, and shall report the matter to the Board of Residence and Discipline for such further action as the Board may decide to take. Section 14 deals with the powers of the Board on such a report being received. One of them is to suspend the candidate indefinitely from any University examination.

The aforementioned committee of inquiry had been appointed by the Vice-Chancellor in order to assist him in his investigation, and consisted of the Vice-Chancellor himself and two other members. At the chief sitting of the committee, the plaintiff was afforded no opportunity at any stage of cross-examining the witnesses who had testified against him, nor was even the gist of their evidence communicated to him. The plaintiff was the last person to be questioned at that sitting. No record of the proceedings was kept by the committee. The plaintiff had not been furnished sufficient particulars of the ease he had to meet, nor was he at any time afforded an opportunity of explaining the allegedly suspicious features of a document which was produced at the inquiry.

Held, (1) that the action of the vice-Chancellor in appointing a committee of inquiry (of which he himself was a member) to assist him in his investigation was not an improper delegation of his functions in contravention of sections 8 and 17 of Part I of Chapter 8 of the General Act No. 1.

(ii) that, subject to the powers conferred on the Vice-Chancellor and the Board of Residence and Discipline under sections Sand 14 of Part I of Chapter 8 of the General Act No. 1, a student of the University of Ceylon has a legal right

to sit for any examination held by the University provided he satisfies tie qualifying conditions prescribed by the Statutes, Acts and Regulations passed under the Ceylon University Ordinance.

(iii) that, inasmu

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