Section 16 of the Central Universities Act, 2009 - Controller of Examinations

Section 16 of the Central Universities Act, 2009 (Act No. 25 of 2009) deals with the Controller of Examinations of a Central University governed by the Act. The provision does not itself set out a detailed appointment procedure or an exhaustive list of functions. Instead, it requires those matters to be governed by the applicable Statutes.

Text of Section 16 - Controller of Examinations

Section 16. Controller of Examinations. - The Controller of Examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

Meaning and scope of Section 16

Section 16 establishes the statutory basis for the office of Controller of Examinations. Its key feature is delegation to the Statutes made under the Central Universities Act. Accordingly, the manner of appointment and the powers and duties of the Controller are to be read with the Statutes applicable to the concerned University.

The expression "as may be prescribed by the Statutes" is important. Sections 26 and 27 of the Act provide the framework for matters that may be dealt with by Statutes and the manner in which Statutes are made. Therefore, Section 16 should not ordinarily be read in isolation when determining the qualifications, selection process, tenure, service conditions or detailed responsibilities of a Controller of Examinations.

Appointment, powers and duties

Appointment: Section 16 requires the Controller of Examinations to be appointed in the manner prescribed by the applicable Statutes.
Powers: The Controller exercises the powers assigned under the Statutes and other valid subordinate instruments made under the Act, where applicable.
Duties: Examination administration, supervision and related responsibilities are governed by the applicable statutory framework of the University.
University-specific rules: The precise procedure and service conditions may depend on the Statutes applicable to the particular Central University.

Statutory context under the Central Universities Act, 2009

The Central Universities Act, 2009 was enacted to establish and incorporate universities for teaching and research in various States and to provide for connected and incidental matters. Section 9 identifies the officers of a University, while Sections 10 to 18 deal with specified University officers, including the Controller of Examinations under Section 16.

The statutory scheme is supplemented by the Schedules, Statutes, Ordinances and Regulations made in accordance with the Act. The First Schedule to the Act contains detailed Statutes for the universities to which those provisions apply. The applicable statutory instruments should therefore be checked when a question concerns the actual appointment process, tenure, emoluments or examination functions of a particular Controller of Examinations.

Practical legal point: Section 16 is an enabling and governing provision, but the detailed legal answer in an appointment or service matter will usually require examination of the relevant University Statutes and any valid amendments or Ordinances applicable to that University.

Official legal source

The authoritative Central Act can be checked on the Government of India's India Code portal:

Central Universities Act, 2009 - Official India Code PDF

For a current legal matter, also verify the latest University-specific Statutes, Ordinances and Gazette notifications applicable to the concerned Central University.

Related provisions

For continuity, see Section 17 - Librarian, Section 18 - Other officers, and Section 19 - Authorities of University.