TMI Blog1962 (2) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... he Committee) had cancelled the result of the respondents for the examination of 1954 and further that they had been debarred from appearing at the examination of 1955. Thereupon the respondents filed a write petition in the High Court contending that the Committee had never afforded any opportunity to them to rebut the allegations made against them and that they were never informed about the nature of the unfair means used by them in the said examination and the first thing they come to know was the resolution of the Committee canceling their results and debating them from appearing in the examination of 1955. They therefore contended that they were entitled to an opportunity being afforded to them to meet the case against them of using unfair means at the examination before the appellant took action against them by canceling their results and debarring them from appearing at the examination of 1955. The procedure thus adopted by the appellant was said to be in violation of the principles of natural justice inasmuch as they were given no opportunity whatsoever to defend themselves and to show cause against the action contemplated against them. It was further contended that the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmittee was merely administrative. He how- ever did not agree that the Committee acted in violation of the principles of natural justice inasmuch as it did not give a hearing to the respondents. He was of the view that is the Committee was acting merely administratively it was not bound to give a hearing, as the maxim audi alteram partem applied only to judicial or quasijudicial tribunals. The two learned Judges also differed on two other points with which we are not concerned. Eventually they referred three questions to be answered by another learned Judge and one of these questions was whether the failure of the Committee to provide an opportunity to the respondents of being heard vitiated its order, which was of an administrative nature. The matter then camo before a third learned Judge, Agarwala, J. He was doubtful whether the view of the bench that there was no duty cast on the Committee to act judicially in the present case was correct; but as on that matter the two learned Judges were in agreement, he dealt with the case on the basis that the Committee was acting merely administratively, Even so, he came to the conclusion that the respondents were entitled to a hearing an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principles, as I apprehend them are: (i) that if a statute empowers an authority, not being a court in the ordinary sense, to decide disputes arising out of a claim made by one party under the statute which claim is opposed by another party and to determine the respective rights of the contesting parties who are opposed to each other, there is a vis and prima farcie and in the absence of any thing in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi- judicial act ; and (ii) that if a statutory 'authority has power to do any act which will prejudicially affect the subject, then, although there are not two parties apart from the authority and the contest is between the authority proposing to do the act and the subject opposing it, the final determination of the authority Will yet be a quasi. judicial act provided the authority is required by the statute to act judicially. In other words, while the presence of two parties besides the deciding authority will prima facie and in the absence of any other factor impose upon the authority the duty to act judicially, the absence of two such parties is not d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appoint and constitute various committees, including the examinations' committee, and under s. 14, the Board can delegate its power.-; by Regulations to such committees. Section 15 gives power to the Board to make Regulations with respect to the constitution, powers and duties of committees, the conduct of examinations, and all matters which by the Act may be provided for by Regulations. Section 20 gives power to the Board and its committees to make bye-laws consistent with the Act and the Regulations. It will be clear from the above that the Act makes no express provisions as to the powers of the committees and the procedure to be adopted by them in carrying out their duties, which are left to be provided by Regulations, and we have therefore to look to the Regulations framed under s. 15 to see. what powers and duties have been conferred on various committees constituted under the Regulations. Section 13 (1) makes it incumbent on the Board to appoint the Committee and Chap. VI of the Regulations deals with the powers and duties of the Committee. Rule 1 (1) of Chap. VI with which we are particularly concerned reads as follows:-- It shall be the duty of the Examinations& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts which the Committee has to find before it takes action are (i) whether the examinee has concealed any fact or made a false statement in his application form; or (ii) whether the examinee has made a breach of the Rules and Regulations to secure under admission to an examination ; or (iii) whether the examinee has used unfair means at the examination ; or (iv) whether the examinee has committed fraud (including impersonation) at the examination ; or (v) whether the examinee is guilty of moral offence or indiscipline. Until one or other of the five facts is established before the Committee, it cannot proceed to take action under r. 1 (1). In order to come to the conclusion that one or other of these facts is established, the Committee will have to depend upon materials placed before it, for in the very nature of things it has no personal knowledge in the matter. Therefore, though the Act or the Regulations do not make it obligatory on the Committee to call for an explanation and hear the examinee, it is implicit in the provisions of r. 1 (1) that the Committee must satisfy itself on materials placed before it that one or other of the facts is established to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affect the rights and careers of examinees, before it can take any action in the exercise or its power under r. 1 (1). We are therefore of opinion that the Committee when it exercises its powers under r. 1 (1) is acting quasijudicially and the principles of natural justice which require that the other party, (namely, the examinee in this case) must be heard, will apply to the proceedings before the Committee. This view was taken by the Calcutta High Court in Dipa Pul v. University of Calcutta, A. I. R. 1952 Cal. 594 and B. C. Das Gupta v. Bijoyranjan Rakshit A. 1. R. 1953 Cal. 212, in similar circumstances and is in our opinion correct. It is urged on behalf of the appellant that there are a large number of cases which come up before the Committee under r. 1 (1), and if the Committee is hold to act judicially as a quasijudicial tribunal in the matter it will find it impossible to carry on its task. This in our opinion is no criterion for deciding whether a duty is cast to act judicially in view of all the circumstances of the case. There is no doubt in our mind that considering the totality of circumstances the Committee has to act judicially when taking action under r. 1 (1). ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
