Committee quorum power: valid quorum fixed by appointing body, and unanimous decision by quorum members remained binding.

A body empowered to appoint a committee may also fix the quorum for its meetings as an incidental incident of that power. Where a three-member standing committee was validly convened with a quorum of two, those two members could lawfully transact business and give a binding unanimous decision. Regulation 32.1 did not require the full strength of the committee; it only directed the next step if a duly constituted committee was not unanimous. The absence of the third member did not invalidate the proceedings, particularly where no breach of natural justice or procedural rule was shown. The appeals succeeded, the High Court's majority view was set aside, and the writ petitions were dismissed.

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Issues: Whether the Syndicate, having power to appoint the Standing Committee, could validly fix the quorum for its meetings and whether a unanimous decision by two members of the committee was valid under the governing regulations.

Analysis: Regulation 31 empowered the Syndicate to appoint the Standing Committee for examining cases of misconduct and use of unfair means. The power to appoint the committee carried with it the incidental power to prescribe a quorum for its meetings. Quorum means the minimum number required to transact business validly, and where the quorum is fixed at two, any two members of a three-member committee can lawfully act for the committee. Regulation 32.1 did not fix the quorum at the full strength of the committee; it only provided that if the committee, as validly constituted for the meeting, was unanimous, its decision would be final, and if not unanimous, the matter would go to the Vice-Chancellor. The absence of the third member did not invalidate the proceedings, especially when no breach of natural justice or procedural rule was shown.

Conclusion: The quorum fixed by the Syndicate was valid and the unanimous decision of the two members was within jurisdiction and binding.

Final Conclusion: The appeals succeeded, the High Court's majority view was set aside, and the students' writ petitions stood dismissed.

Ratio Decidendi: A body empowered to appoint a committee has the incidental authority to fix its quorum, and where the quorum is lawfully satisfied, the unanimous decision of those constituting the quorum is valid even though the committee has a larger sanctioned membership.

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