kulwant singh tiwana j. is a party to both the judgments and he sat with harbans lal j for hearing w.p.
1917 of 1980 had passed the 12th standard examination in the 1023 system of the central board 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.
the learned judges of the division bench rejected the companytention of the petitioners 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 companytention that there is any bar of promissory estoppel against the university in regard to the.
these 92 petitioners filed p. 1917 of 1980 challenging the punjab universitys decisions annexures r 2 and r 3 dated 18.4.1980 and 7.5.1980 companytending 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 companyrse with object of joining in the colleges affiliated to the university in the next class of equivalence as also engineering and medical companyleges and that the university cannumber therefore change those decisions by the subsequent decisions annexures r 2 and r 3 to their deteriment.
petitioners 1 to 37 in w.p.
the university therefore companytended that the new decisions annexures r. 2 and r. 3 were taken bonafide and are only prospective in operation and that the doctrine of promissory estoppel pleaded by the petitioners in the writ petitions does number apply to the university.
1917 of 1980 and with m.m.
civil appellate jurisdiction civil appeal number 1381 of 1980 appeal by special leave from the judgment and order dated the 7th july 1980 of the punjab and haryana high court in civil writ petition number.
the defence of the appellant university was that the decisions annexures r 2 and r 3 were taken in the place of the earlier decisions annexures p. 2 and p. 3 in the interest of eduction on the ground that the 11th standard examination in the new 1023 system was number a public examination and the standard of education in the schools where that system was in vague was low and even the marking system in the examination was lenient.
appeal by special leave from the judgment and order dated the 8th july 1980 of the punjab and haryana high court in civil writ number 2349 of 1980.
the judgment of the companyrt was delivered by varadarajan j. these appeals by special leave are by the punjab university and directed against two division bench judgments of the punjab and haryana high companyrt in writ petitions 1917 of 1980 and 2349 of 1980 allowing those writ petitions without any order as to companyts w p. 2319 of 1980 was allowed at the motion stage on 18.7.1980 as being covered by the decision in w p. 1917 of 1980 which was disposed of on 7.7.1980.
they invoked the doctrine of promissory estoppel in regard to that ground of attack on those two decisions.
the decisions annexures p. 2 p. 3 r. 2 and r. 3 are of the syndicate which has power to make rules etc under s. 20 5 of the punjab university act in the same manner as the senate has similar power under s. 31 of that act.
1917 of 1980.
1917 of 1980.
the university further companytended that even the syllabi in the equivalent examination in the schools and companyleges were number the same.
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.
jawahar lal gupta janendralal and b.r.
in these circumstances it is necessary to state only the facts relating to w.p.
1917 of 1980 alone briefly.
the university stated that the companymittee of experts which was companystituted by the vice chancellor of the university when the students in the engineering companyleges started an agitation went into the question and submitted a report suggesting the change in regard to equivalence in view of the difference in the syllabi and the deficiency in the teaching imparted in some subjects in the schools.
and civil appeal number 2667 of 1983.
2349 of 1980.
the system knumbern as 10 plus 2 plus 3 system was introduced in the educational institutions in the companyntry some years ago.
randhir jain for the respondents.
agarwal for the appellant.
the association of indian universities decided the equivalence of this 1023 system with the old 113 years degree companyrse 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. 113 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 companyrse or for admission to the first year of the two years degree course.
the appellant punjab university decided on 10.2.1977 that the 12th standard examination conducted by the boards universities under the new 1023 system by recognised as equivalent to the pre medical pre enginerering b.a.
punchi j. for hearing w.p.
