S.B. Sinha, J. - (1.) Interpretation of the provisions of Regulations 6(a) and 6(e) of the Regulation for the degree of Masters of Engineering Examination framed by the appellant herein (hereinafter referred to as "the regulation") is in question in this appeal.
(2.) With a view to answer the aforementioned question, the fact which is required to be noticed is as follows : The writ petitioner-1st respondent was a student in the faculty of Masters of Electrical Engineering. He failed in two subjects EE 903 and EE 906 in the first Semester Examination held in January, 1998, but did not appear in the said examination held in July 1998. He again appeared in the said examination in the said papers in January, 1999 and although he cleared one subject viz., EE 903, he failed to pass the other one viz. EE 906 as he obtained only 15 marks therein. The Controller of Examination of the appellant in terms of Annexure 'B' to the writ application directed that he would not be entitled to appear in the said examination as per clause 6(e) of the aforementioned Regulations.
(3.) The writ application was filed by the 1st respondent herein praying for the reliefs:- "(a) Issue a writ of/in the nature of Mandamus commanding the respondents No. 1, 2 and 3 and each of them and/or the concerned authority under the respondent No. 1 to allow the writ petitioner to continue with and complete his education in the respondent No. 1, after revoking and/or rescinding and/or cancelling and/or quashing the impugned Memo as in Annexure 'F' hereto. (b) Issue a writ of/in the nature of Prohibition prohibiting the respondent No. 1, 2 and 3 and each of them and/or the concerned men, agents, servants, staff, employees and/or authorities of the respondent No. 1 and each of them giving effect and/or further effect to the impugned memo as in Annexure 'F' hereto and from interfering with the right of the writ petitioner to continue with his education and complete the same in the respondent No. 1. (c) Issue a writ of/in the nature of Certiorari calling on the respondent Nos. 1, 2 and 3 and each of them to remit the records of that case to this Hon'ble Court so that this Hon'ble Court may certify the same and to conscionable justice to the case inter alia by quashing the impugned Memo as in Annexure 'F' hereto.";