Case: Punjab University, Chandigarh Vs. Vijay Singh Lamba Etc. Etc

These appeals arise out of a decision rendered by a Full Bench of the Punjab High Court in various writ petitions filed by the students of the Punjab University, who were disqualified for adopting unfair practices in the examinations. Most of them had copied from a common source. By a majority of 2 to 1, the High Court by its Judgment dated March 31, 1975 set aside the decisions of a Committee appointed to inquire into the charges against the erring students. The judgment of the majority rests solely on the view that despite the circumstance that two members of the Committee formed the quorum the impunged decisions were vitiated by the fact that only 2 and no t all the 3 members of the Committee participated in the proceedings. Aggrieved by the majority judgment of the High Court, the Punjab University, Chandigarh, has filed these appeals by a certificate granted by the High Court on the ground t hat the appeals involve a substantial question of law of general importance which requires to be determined by this Court.

Reasoning:
It is urged on behalf of the respondents that the possible dissent of the 3rd member, were he present, would have necessitated a reference to the Vice-Chancellor who might not agree with the majority opinion, which shows that no sanctity can attach to a decision rendered by less than the whole body of 3 members of the Standingshare the deep concern voiced in the dissenting opinion of Sandhawalia J. that there was no justification for ignoring the stream of precedents which had consistently recognised the validity of decisions taken by 2 members of the Standing Committee. In Bharat Indu v. The Punjab University and another(1), Regulation 19 which was the precursor of and was identical with Regulation 32.1 came before the Punjab High Court. By a closely considered judgment, Dua J. who spoke for the Bench specifically rejected the argument accepted by the two learned Judges in the instant case. In Miss Manjinder Kaur v. The Punjab University (Civil Writ No. 3516 of 1972, decided on March 30, 1973), the same contention was repeated on behalf of the students and once again it was considered and rejected. It is quite true that judicial consistency is not the highest state of legal bliss. Law must grow, it cannot afford to be static and therefore Judges ought to employ an intelligent technique in the use of precedents. Precedents, as observed by Lord Macmillan, should be "stepping stones and not halting places".(2) But, Justice Cardozos caution should not go unheeded that the weekly change in the composition of the court ought not to be accompanied by changes in its rulings. The language of the Regulations called for no review of established precedents. Nor indeed is there any fear of unfairness if only 2 members decided the cases of students accused of adopting unfair practices in the examinations. In such cases it is so much better that the law is certain.