R. A. Sharma, J. - (1.) PETITIONERS in Writ Petition No. 28277, Bipin Kumar v. University of Allahabad and others, 28278 of 1993, Keshav Deo Tripathi v. Allahabad University, Allahabad and another, 28275 of 1993, Rama Shish Misra v. Allahabad University, Allahabad and another and 30875 of 1993, Anurag Tripathi v. Allahabad University, Allahabad and another are students of B. Tech. in Agricultural Engineering in the Allahabad Agricultural Institute, Naini, Allahabad (hereinafter referred to as the Institute), having been admitted in the session 1991-92. They have failed in their respective examinations in more than two papers. Petitioner in Writ Petition No. 30874 of 1993. Km. Chinta Mani v. Allahabad University, Allahabad and another was admitted in the Institute in B. Sc. (Home Science) Part I in the session 1992-93. She failed in three papers in the first year examination. PETITIONERS in Writ Petitions Nos. 33243 of 1993, Shaiju George v. Allahabad University, Allahabad and another and 31445 of 1993, Krishna Pratap Singh v. University of Allahabad, and another are students of B.Sc. (Agriculture) in the Institute and have failed in their examinations in more than two papers. All of them requested the Principal of the Institute !o permit them to appear again in the second examination of those papers in which they have failed, but their request was not accepted. The petitioners have accordingly filed these writ petitions for writ of mandamus directing the respondents to permit them to appear again in the second examination of those papers in which they have failed.
(2.) AFTER filing the writ petitions the petitioners have filed supplementary affidavits. The Institute has filed counter affidavits and the petitioners have filed rejoinder affidavits in reply thereto. I have heard learned counsel for the petitioners, Sri J. Nagar, learned counsel for the Institute and Sri S. N. Upadhyaya, learned counsel for the University. Learned counsel for the petitioners has made three submissions in support of the writ petitions, namely, (i) as the Degree of B. Tech. in Agricultural Engineering is a Degree of Engineering, Ordinance XXVI-A framed by the Allahabad University to which the Institute is affiliated does not apply to it (ii) hundreds of students, who had failed in three papers were allowed to appear in the second examination in the past and, therefore, the petitioners are entitled to be given the same treatment; and (iii) the respondents have permitted the students of B. Tech. (Ag. Engg.) to appear in two papers after giving grace mark in the third paper, and if the same treatment is given to the petitioners, they will be entitled to appear in two papers, because marks in the third paper can be made up by granting of grace mark. Ordinance XXVI-A, which deals with the second examination is not applicable to Medical and Engineering examinations, as is clear from the heading of the Ordinance itself. Para 2 of Chapter XXVI-A of the Ordinance permits second examination of the subject in which a candidate has failed. For the purpose of the instant case Clauses (iv) and (vi) of para 2, being relevant, are reproduced herein below : "2. A candidate who : (a) has failed, (b) has partly failed to appear or (c) has passed but is dissatisfied with the marks awarded to him/her at the Annual Examination in written papers, may appear at the Second Examination in : (iv) Any two written papers or two practicals or one paper and one practical of the B:Sc. (Ag.) Part I, Part II, and Part III and B.Sc. (Ag. Engg.) I year, II year, III year and IV year examinations, provided that a candidate would be permitted to appear in the practical only in case he has failed or failed to appear in the practical and not for improvement of marks. (vi) Any one written papers or one practical of the M.A. (Previous), M. Com. (Previous), MBA (Previous), MBS (Previous), M.Sc. (Previous), M.Sc. (Ag.) (Previous) M.Sc. (Ag. Engg) (Previous), B. Tech. Part I, B. Tech. Part II, B.Tech. Part III, M.A. (Final), M.Ed., M. Com. (Final), MBA (Final), MBS (Final), M.Sc. (Final), M.Sc. (Ag.) (Final), M.Sc. (Ag. Engg.) (Final), LL.B. I Year, LL.B. II 1 Year, LL.B. Ill Year, LL.M. Part I and LL.M Part II, examinations, provided that a candidate would be permitted to appear in the practical only in case he has failed or failed to appear in the practical and not for improvement of marks. Provided that candidates of the undergraduate examination mentioned in Clauses (i) to (v) above, who have failed or failed to appear in written papers and/or practical in more than one subject or group of subjects or papers as provided in the Prospectus, shall not be eligible to appear at the Second Examination." Clause (iv) of para 2 enables a student to appear in Second Examination in any two written papers or two practicals or one paper and one practical of B.Sc. (Ag.) and B.Sc. (Ag. Engg.). This clause does not deal with a case of a student of B. Tech. (Ag. Engg.), although it deals with B.Sc. (Ag. Engg). Submission of the learned counsel for the petitioners is that as this clause does not cover the second examination of students of B. Tech. (Ag. Engg.), the cases of such students cannot be rejected on its basis and the University should permit these students to appear in the second examination in more than J wo subjects on the basis of the past practice. In this connection it is also submitted that clause (iv) does not deal with the cases of B. Tech. (Ag. Engg,), because it is Engineering Degree to which Chapter XXVI-A of the Ordinance is not applicable This submission cannot be accepted.
(3.) IT is true that Chapter XXVI-A of the Ordinance is not applicable to Medical and Engineering Examinations; but B. Tech. (Ag. Engg.) is not a Degree of Engineering in the strict sense of the term. In Allahabad University there are six faculties namely, faculties of Arts, Science, Commerce, Law, Medicine and Engineering. Moti Lal Nehru Medical College and Moti Lal Nehru Regional Engineering College deal with faculties of Medicine and Engineering respectively and impart education in connection with various Degrees in Medicine and Engineering. Institute imparts education in various courses of Agriculture. The Degrees relating to Agricultural Engineering, as per Ordinance, are of faculty of Science. Accordingly Chapter XXXIX of the Ordinance, which deals with the Degrees in the faculty of Science mentions Degree of B. Tech. In Electronic and Tele-communication Engineering and Degree of B. Tech. in Agriculture Engineering. These two Degrees are of faculty of Science and not of faculty of Engineering. B. Tech. (Ag. Engg.) is one of the Degrees of Agriculture, education of which is imparted by the Institute. IT cannot be treated to be the Degree of Engineering. That apart, there is nothing on the record to treat these Degrees as the Degrees of Engineering equivalent to Degrees of Bachelor of Engineering, education of which is imparted by Moti Lal Nehru Regional Engineering College. Although clause (iv) of para 2 of Chapter XXVI-A of the Ordinance does not deal with the second examination of the students of B. Tech. (Ag. Engg); but it appears that the same has been dealt with in clause (vi) of the same para. Clause (vi) refers to B. Tech without specifying its speciality. Accordingly there is no reference of Agricultural Engineering in it. But the examination of B. Tech. in the faculties other|than faculty of Engineering can be covered by this clause as there is nothing else on the record, which deals with the second examination of thejjstudents of B. Tech. However, as the learned counsel for the respondents have not relied on clause (vi) of para 2 of the Ordinance in support of their submission, it is not necessary to express any final opinion on this aspect. The first submission, of the learned counsel for the petitioners lacks merit and is rejected for the other reasons given hereinbefore.;