PUNJAB UNIVERSITY versus SUBASH CHANDER AND ANR.

PUNJAB UNIVERSITY versus SUBASH CHANDER AND ANR.

There is no element of retrospectivity in the change brought by the 1970 amendment; the new regulation governs students at the time of examination, not those at admission, and no vested right exists to the benefit of previous regulation. The University was justified in applying the amended rule to Subash Chander and in denying grace marks under the old rule.

Parties
Appellant: Punjab University; Respondent 1: Subash Chander; Respondent 2: Another Respondent (unspecified)
Jurisdiction
India
Judgment Date
17 May 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From Letters Patent Appeal
Outcome
Appeal allowed
Legal Topics
Retrospective Operation of Regulations, Award of Grace Marks, Vested Rights in Examination Regulations
Education Law Administrative Law Retrospective Operation of Regulations Award of Grace Marks Vested Rights in Examination Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Punjab University

Appellant

Subash Chander

Respondent 1

Another Respondent (unspecified)

Respondent 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Letters Patent Appeal

Legal Issues

  1. 1 Whether amended regulation for grace marks had retrospective operation
  2. 2 Whether a candidate is governed by rules in force at admission or at examination
  3. 3 Whether a student has vested right to benefit of rules at time of admission

Ratio Decidendi

There is no element of retrospectivity in the change brought by the 1970 amendment; the new regulation governs students at the time of examination, not those at admission, and no vested right exists to the benefit of previous regulation. The University was justified in applying the amended rule to Subash Chander and in denying grace marks under the old rule.

Court Disposition

Appeal allowed

Orders

  • University was right in holding Subash Chander not entitled to 16 grace marks under the old rule but entitled to 4 grace marks under the new rule and had not passed the examination in Midwifery.
  • No costs ordered.