Case: Punjab University Chandigarh Vs. Devjani Chakrabarti and Others

The system known a s "10 plus 2 plus 3 system" was introduced in the educational institutions in the country some years ago. The Association of Indian Universities decided the equivalence of this 10+2+3 system with the old 11+3 years degree course system which was prevalent in some States and it suggested that in all States where the pattern of education is such as to require 14 years for the first degree, i.e. 11+3 years, the new plus 2 stage of the Central Board of Secondary Education be treated as equivalent to a pass in the first year of the three-years degree course or for admission to the first year of the two years degree course. This suggestion was conveyed by the Association of the Indian Universities 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 the new 10+2+3 system by recognised as equivalent to the Pre-Medical/Pre- Enginerering/B.A. Part I/B.Sc. Part I/B.Com Part I examination according to the combination of the subjects. Subsequently, on 4.6.1978 the Punjab University decided to treat the 11th standard of the new 10+2+3 system as equivalent to the pre-University examination of the university. Copies of those decisions dated 10.2.1977 AND 4.6.1978 were Annexures P. 2 and P. 3 respectively in W.P. 1917 of 1980. These recognitions of the equivalence of those two examinations continued till the beginning of the year 1980. But on 18.4.1980 the Punjab University decided that the first year student of the plus 2 course in the 10+2+3 system of the Central Boards schools who does not take a public examination at the end of the first year should not be considered as equivalent to the student who has passed the pre-University examination of the Punjab University for joining the Pre-Medical/Pre-Engineering/B.A. Part I/B. Sc. Part I/B.Com. Part I of t he University. On 7.5.1980, the Punjab University decided that the 12th Standard Examination in the new 10+2+3 system conducted by any recognized Board/Council/University shall be treated as equivalent to the pre-University Examination of the University. These decisions dated 18.4.1980 and 7.5.1980 are Annexures R-2 and R-3 respectively in W.P. 1917 of 1980.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 Boar d of Education and petitioners 38 to 92 in the Writ Petition had been promoted from the 11th standard to the 12th standard in that system. These 92 petitioners filed W.P. 1917 of 1980 challenging the Punjab Universitys decisions (Annexures R -2 and R-3) dated 18.4.1980 and 7.5.1980 contending that in view of the earlier decisions of the University, namely, Annexures P. 2 and P. 3 dated 10.2.1977 and 4.6.1978 respectively they had joined the classes in the plus 2 course with object of joining in the colleges affiliated to the University in the next class of equivalence as also Engineering and Medical Colleges and that the University cannot, therefore, change those decisions by the subsequent decisions, Annexures R-2 and R-3 to their deteriment. They invoked the doctrine of promissory estoppel in regard to that ground of attack on those two decisions.The second ground of attack by the petitioners in W.P. 1917 of 1980 was that the decisions Annexures R- 2 and 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, regulation or rule to make any regulation, rule or ordinance adversely affecting their vested rights retrospectively.

Reasoning: We have, in our separate judgment delivered today in C.A. 2828 of 1977, which arose out of that Full Bench decision, reversed that decision and held that there is nothing retrospective in the order challenged in that case. In that case one Subhash Chander was admitted to the integrated M.B.B.S course in the Daya Nand Medical College, Ludhiana in the year 1965. At the time of his admission, under Regulation 25 read with r. 7.1, a student who fail s in one subject/paper was entitled to grace marks at 1 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 appeared for the Final M.B.B.S. examination in 1974 and secured 106 out of 200 marks in the practical examination and 95 out 200 marks in the theory 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 allowed only 4 grace marks under the new rule being 1 per cent of, the aggregate for the subject in which he had failed namely, Midwifery. The High Court accepted his contention that amendment of the rule made in 1970 was retrospective in operation though it was made applicable to Subhash Chander only in 1974 merely because he had joined the integrated course in 1965 when the rule regarding the award of grace marks was more liberal. In allowing the appeal against the judgment of the Full Bench we have held 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. It could not be stated to be retrospective ill operation merely 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 merely because they subsequently applied to students who had already started their educational careers.