G.P.Mathur, J. - (1.) THESE Special Appeals have been filed by Allahabad Agriculture Institute against the common judgment and order dated October 15, 19 3 of the learned Single Judge by which seven Writ Petitions filed by the different students were allowed.
(2.) THE writ petitioners, who are students of B. Tech. (Ag. Engg.), B.Sc. (Ag.) and B.Sc. (Home Science) in Allahabad Agriculture institute, failed in more than two papers In their respective Part-1 Examination. THEir request to appear in Second Examination having been Refused, they filed separate writ petitions praying that a writ of mandamus be Issued directing the appellant (Allahabad Agriculture: Institute) and University of Allahabad to permit them to appear in Second Examination of those papers in which they had failed. THE learned Single judge relying upon an alleged resolution of the Examination Committee, allowed the writ petitions and issued a direction that the petitioners should be permitted to appear in Second Examination in two papers after awarding grace mark in the third paper. The relevant provisions relating to Second Examination is contained in Chapter XXVI-A of the Ordinances of University of Allahabad which has been printed at page 442 of the Calendar of the University for the year 1987- 88. The heading of the Chapter shows that Ordinances no not apply to Medical and Engineering Examinations. During the course of hearing a controversy was raised as to whether B. Tech. (Ag Engg). in an Engineering Examination to which this Ordinance would not be applicable. Chapter IV of the Ordinances enumerates different Faculties of the University and Ordinance 2 of this Chapter mentions the subjects which are assigned to the Faculties of Science, Home Science, Agriculture, Agricultural Engineering and Agriculture Science are mentioned at SI. No. 8, 16, 17 and 18 respectively in this Ordinance (Page 345 of the Calendar). Ordinance 5 mentions the subjects which are assigned to the Faculty of Engineering and Agriculture Engineering does not find place there. The Registrar of the University has also filed an affidavit stating that the degree of Bachelor of Technology in Agriculture Engineering is Four Years degree course of the Faculty of Science of the University. It therefore, follows that examination for the degree of B. Tech. (Ag Engg.) is not an Engineering Examination and consequently Chapter XXVI-A of the Ordinances are applicable to it. Ordinance 1 of Chapter XXVI-A provides 'that a candidate taking any of the main examination listed in Ordinance 2 will be eligible to appear in the Second Examination subject to the conditions stated in later part of the chapter. The relevant provisions of the Ordinance 2 which have a bearing on the controversy involved is quoted below; "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 : (i) ............... (ii) One or more written papers of any one group of B.Sc. (Home Economics, Part I, Part II Examination and/or the practical within that group, 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. (iii) One theory (written paper) and/or practical pertaining to any one paper in B Sc. (Home Science) Part I and 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. (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. (v)............ (vi) ............ 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 me subject or group of subjects or papers as provided in the prospectus, shall not be eligible to appear at the Second Examination." Sub -Clause (iii) of Ordinance 2 permits candidates to appear in one theory (written paper) and/or practical pertaining to any one paper. Sub-Clause (iv) permits candidates to appear in two written papers or two practicals or one paper and one practical. The proviso however, places a restriction that those undergraduate candidates who have failed in written papers and/or practical in more than one subject or group of subjects or papers shall not be eligible to appear in Second Examination. Therefore, a student can appear in Second Examination in two written papers or two practicals of the same subject but not of the two written papers or practicals of two different subjects. This Ordinance came up for consideration before a Division Bench in Km. Rashmi Tiwari v. University of Allahabad 1982 UP LB EC 302, and similar view was taken. Subsequently it has been reiterated by the Bench of Hon. R. M. Sahai, J. and Hon. Dr. R. R. Misra, J. in Writ Petition no. 23897 of 1987 (Mritunjay Prasad v. University of Allahabad).
(3.) THE next question which falls for consideration is whether the writ petitioners seek to appear in Second Examination in two papers of two different subjects or two papers of the same subject. Chapter XXXlX of the Ordinances deal with the course of study for different degrees and Part 'F' thereof relate to Degree of Bachelor of Technology for Agriculture Engineering page 503 of the Calendar). Ordinance 2 of this Part provides that the course of study for the Bachelor of Technology in Agriculture Engineering degree shall extend over a period of four academic years with University Examination to be called First, Second. Third and Fourth Years Examination at the end of first, second, third and fourth academic year respectively. Ordinance 4 provides that every candidate for the First Year Examination shall be required to pass in the subject mentioned at pace 554 of the Calendar. Similarly Ordinance 5, 6, and 7 describe the subjects which a candidate is required to pass in the Second. Third and Fourth Year Examination (Page 557 to 559 of the Calendar). A perusal of the Calendar would show that every paper in each academic year is in fact a separate subject. THErefore, in view of the proviso to Ordinance 2, the relief claimed by all the writ petitioners who are students of B. Tech (Ag. Engg) cannot be granted as they have failed in more than one subject. Part 'B' of Chapter XXXIX gives the Ordinances for the Decree of Bachelor of Science/Home Science (Page 543 of the Calendar). Ordinance 2 thereof provides that the Course of study for the B.Sc./B.Sc. (Home Science) degree shall extend over a period of three academic year and there will be three examinations namely; Part-I Examination at the end of first academic year the Part-ll Examination at the end of second academic year and the Part III Examination at the end of third academic year. Ordinance 6 provides that every candidate for the B Sc./B.S c, (Home Science) degree course shall have to pass to each subject of each Part separately In theory and practical/viva-voce. This provision also makes it clear that with regard to B Sc (Home Science) course each paper is treated, as a separate subject. It therefore, follows that such of the writ petitions who are student of B.Sc (Home Science) and have failed in more than one subject are not entitled to appear in the Second Examination.;