Bapna, J. - (1.) THIS is an application under section 45 of the Marwar Specific Relief Act, 1930.
(2.) THE petitioner, Deonarain Vyas, was a student of the Jaswant College, Jodhpur, in the session 1948-1949 and appeared at the M. A. previous Examination of the Rajputana University in 1949 held in March in History and was declared successful. THE College reopened after the summer vacation in July, 1949, and Deonarain made an application, Ex. 20 on the 6th of August, 1949, for admission in the M. A. Final Class in History. THE application was on a printed form supplied by the College, and the following particulars among others, were required to be stated: - No. 2 Name of Father. No. 3 Occupation, monthly income and address of father. No. 4 Name of Guardian. No. 5 Occupation, monthly income and address of guardian. No. 6 Name, address and relationship with the person with whom the applicant proposes to live in Jodhpur. No. 7 Permanent addres. Certain declarations were also required to be filled in, one of them being by 'parent or Guardian' as under: - "in the event of my son/daughter/ward (name) being admitted to the Jaswant College Jodhpur, I hold myself responsible for his/her conduct in and outside college and for the payment of his/her fees and other dues. " The petitioner, while filling his form, mentioned against the aforesaid columns as under: - 2. Jainarain Vyas. 3. Nothing. 4. Jainarain Vyas. 5. Nil. 6. Jainarain Vyas. 7. C/o Jainarain Vyas, Jaswant Sarai Building, Jodhpur, and the declaration meant to be signed by 'parent or Guardian' was signed by Deonarain himself as under: - 'deonarain for Parent or Guardian. ' Dr. Y. Bhardwaj, Principal of the College, was of opinion that the signing of the declaration by Deonarain himself on behalf of his father was irregular and he gave a remark on the form, purporting to say that Deonarain should get the signature of his father as according to the procedure of admission, his father must be taken to be his guardian. It appears that a few days later, there was some oral discussion between the Principal and Deonarain on the same subject without any fruitful result and the Principal wrote the following letter to Deonarain (Ex. A) on the 16th of August, 1949: - As required in the application form for admission, it is necessary that you shold have the signature of your father at the place meant for the signature of the father or guardian. Since you did not get it done and you refused to be under any guardian, I am sorry, I find it difficult to admit you in the absence of any guardian who may give a declaration for being responsible for your conduct in and outside the College and for payment of your dues, as provided for in the admission form. " It is alleged that the petitioner informed the Principal that his father was away from Jodhpur in connection with certain political activities but that he was willing to get the required declaration signed by his maternal uncle or other relation but the Principal declined to accept any body else's declaration. The petitioner further alleged that he approached the Commissioner, Jodhpur Division, for intercession on his behalf. Dr. Bhardwaj was then away from Jodhpur and Mr. Deenanath Bhargava, Professor of English, was carrying on for the Principal, and, as a result of some telephonic conversation between the Commissioner and Mr. Deenanath Bhargava, the latter accepted the declaiation of one Mr. Kis-toor Chand Purohit, maternal uncle of the petitioner, and ordered admission of Mr. Deonarain to the M. A. Final Class in History on 5. 9. 49, and he began to attend the classes. Before Mr. Deonarain could, however, deposit the tuition and other fees, Dr. Bhardwaj returned to Jodhpur, and on an application by Deonarain to direct the office to accept his fees, Dr. Bhardwaj wrote as follows on 12. 9. 49: - "i shall accept your admission form only when you get your father's signature thereon or of another person authorised by your father in writing. " The Principal received a telegram on the 16th of September, 1949, purporting to be sent by Mr. Jainarain Vyas from Delhi, as under: - "my politics makes my continued stay in Jodhpur impossible. Shri Dwarkadass Purohit would act as guardian of my son Deonarain in matters educational. " It is alleged by the petitioner that Dr. Bhardwaj declined to accept the declaration of even Mr. Dwarkadass Purohit refusing to believe in the genuineness of the telegram. The petitioner, therefore, approached Mr. Mathuradass Mathur, a friend of his father, who saw the Principal and expressed his willingness to act as guardian for Deonarain, but the Principal declined to accept him. Deonarain thereafter filed the present petition on the 31st of October, 1949, and it is urged on his behalf that (1) Deonarain, having fulfilled all the necessary qualifications for admission to M. A. Final Class in History, had a right to be so admitted; (2) the course for M. A. degree in History was only one, split up in two parts, and, therefore, his admission in the College in the session of 1948-49 and his success in M. A. Previous at the examination held in March, 1949, entitled him to continue the course in the M. A. Final in the session 1949-50 without any fresh admission to the College; (3) the form required to be filled by the Principal was not authorised by the Rules and Regulations of the University; (4) no declaration by any gurdian was necessary in the case of post-graduate students or a student like him, who were earning their own livelihood; (5) the Principal was not authorised to insist on the declaration in the form being signed by his father, Mr. Jainarain Vyas; (8) Dr. Bhardwaj acted malafide in (a) not accepting the telegram of 16. 9. 49. as a valid authority of appointment of Dwarkadass Purohit as his guardian in educational matters and permitting him to sign the declaration; (b) not accepting Mr. Mathuradas Mathur as his guardain for the purpose aforesaid; (7) Dr. Bhardwaj was actuated by malice in cancelling the admission made by Mr. Deenanath Bhargava on 5th September, 1949. It was finally averred that the Jaswant College, being a public educational institution, Dr. Bhardwaj was under a duty to admit Deonarain as student in the Final M. A. Class in History, that his failure to do so would cause great injury and incalculable loss to the petitioner and that there was no other specific legal remedy and it was prayed that the High Court may, in the exercise of the powers conferred upon it by Section 45 of the Marwar Specific Relief Act 1930, and Section 28 of the Rajasthan High Court Ordinance, direct Dr. Bhardwaj, Principal of the College, to admit the petitioner in the M. A. Final class to enable him to appear at the next M. A. Final Examination in History in 1950. It was further prayed that, as the delay in obtaining admission was likely to result in a fall in the percentage of attendance, the same may be directed to be condoned by the Principal. A notice was issued to the opposite party, Dr. Bhardwaj, Principal of the Jaswant College, to show cause why the order applied for should not be made returnable on the 21st of November, 1949, but on that date only a prayer for adjournment of the case was made on behalf of the opposite party, which was granted, but an interlocutory order was made directing admission of Deonarain to the M. A. Final Class in History in the Jaswant College and permitting him to attend the classes pending disposal of the petition. At the request of the learned advocate for the petitioner, a direction was also made for transmission of the examination fee of the petitioner to the University as it was represented that it was the last date for such transmission. On the 28th of November, 1949, a reply was submitted on behalf of the opposite party.
(3.) IT was contended that, under the rules and regulations of the College, it was necessary to fill up forms of admission at the beginning of every session for all students seeking admission to any class in the College, and the petitioner was rightly asked to fill the prescribed form. IT was also pointed out that the previous record of students in this respect was very incomplete and it was considered desirable to have fresh forms of admission, which had been newly prescribed, filled up by every student seeking admission to the College in the session 1949-50. It was alleged that in the form, which Deonarain filled up, it was clearly stated that his father, Jamarain Vyas, was his guardian, and he proposed to live with him, but he did not obtain the declaration of the guardian signed by his father as his guardian. On the contrary he signed himself for his father. This was considered quite irregular and, on attempt being made to make him understand the significance of such declaration Deonarain took a defiant attitude and declined to get the declaration duly signed by his father. A few days later, Deonarain requested a return of the form with the ostensible purpose of getting the declaration signed by his father, but the opposite party did not consider it expedient to return a paper which had been mutilated more than once by the petitioner. It was alleged that the petitioner was instructed orally that, if he could get a declaration written out and signed by his father on a separate piece of paper, it would be accepted and that the letter of the 16th of August, 1949, was written with that object. In respect of the admission order passed by Mr. Deenanath Bhargava, the opposite party replied that Mr. Bhargava had committed an error, in his absence, in accepting Mr. Kistoor Chand Purohit as guardian for the student without any proper authority from his father and, on this being pointed out to Mr. Bhargava, the order of admission was cancelled by him in his own pen on 8. 9. 1949. As to the telegram of the 16th of September, 1949, purporting to have been sent by Mr. Jainarain Vyas, it was alleged that its genuineness was open to doubt as no confirmatory letter was received, and in any case Mr. Dwarkadas, referred to in the telegram, never saw the opposite party. It was alleged that the course of action adopted by the opposite party was bonafide in the exercise of his powers and duties as Principal of the College, and non-admission of Deonarain was entirely due to his non-compliance with the formalities required of a student seeking admission to the College. Various affidavits were submitted by the parties and the case was argued with great ability by the learned counsel appearing for the parties. It may be stated that the Jaswant College is an affiliated College of the Rajputana University, and it would be proper at this stage to refer to the Act by which the University was constituted and the various Statutes and Ordinances of the University, framed in pursuance of the powers under the Act, as they would have a great bearing on the matters in issue in this case. The Rajputana University was constituted in January, 1947, when the various States in Rajputana had separate semi-independent existence, and, therefore, legislation was undertaken simultaneously in all the States, which agreed to join in constituting the University. ;