C.M.LODHA, J. - (1.) THIS appeal involves interpretation of certain Ordinances of the University of Rajasthan and arises out of the following facts. The respondent -plaintiff Pankaj Rani passed her First Year T.D.C. Examination in Science (Biology) from the University of Jodhpur in the year 1970 -71, with two compulsory subjects General English and Genetal Hindi. Thereafter she sought admission to Second Year T.D.C in Maharani's College, Jaipur affiliated to the University of Rajasthan, Jaipur and appeared at the Second Year T.D.C. Examination of that University in 1972. However, she did not pass and was required to appear at a supplementary examination in Zoology, Accordingly she appeared at the Supplementary Examination in that subject but her result was withheld, as, according to Ordinance 218 of the Rajasthan University it was necessary for her to pass in one more compulsory subject prescribed for First Year T.D.C. Examination. As already stated above, Pankaj Rani had only two compulsory subjects when she passed the First Year T.D.C. Examination of the University of Jodhpur. Even though her result of the Second Year T.D.C Examination was not declared, yet she was admitted to the Triad Year T.D.C. Class of the Maharam's College. When the fact of her admisson to Third Year T.D.C Class came to the knowledge of the University Authorities, a letter dated 27 -10 -1972 marked Ex. 1 was addressed to Pankaj Rani informing her that since she had failed to clear one additional compulsory subject, her result of Second Year T.D.C Examination had been withheld and that she was not eligible for admission to the Final Year T.D.C class. On receipt of the letter, the plaintiff apprehended that her admission may be cancelled, and consequently she filed the present suit in the Court of Munsiff (East), Jaipur City, Jaipur on 30 -10 -1972 praying that a mandatory injunction be issued against the University of Rajasthan directing the latter to allow the plaintiff to appear at the Third Year T.D.C. Examination of 1973.
(2.) THE suit was resisted by the defendants the University of Rajasthan, its Vice -Chancellor, its Registrar and the Director. Maharam's College, who pleaded inter alia that according to the Ordinances of the University the plaintiff was not entitled to get admission to Third Year, T.D.C class unless the had cleared the Additional Compulsory subject. At this stage it may be relevant to point out that during the pendency of the suit the plaintiff was allowed to continue her studies in Third Year TDC Examination and was also allowed to appear at the Additional Complusory Subject, namely, Elementary Mathematics in pursuance of the directions of the Court. She was declared as having passed in the Additional Compulsory subject Her result of the Second Year T DC. Examination was also declared. She was declared successful. She was also allowed to appear at the Final Year T.D.C Examination in the year 1973 but the result was not declared. However, at the time of disposal of the stay application by this Court my learned brother Kan Singh J; before whom the stay application was listed for disposal directed the University to permit the respondent to join M.A Classes and also to fill in the form for the next M.A Part 1 Examination. This interim order was passed on information supplied by the learned Counsal for the University regarding the result of the plaintiff's Third Year T.D.C Examining. Thus even though the plaintiff's result of Third Year T.D.C Examination has not been formally declared there is no room for doubt that she has passed the same. This is not denied by the learned Counsel for the University. I have made mention of all these developments during the pendency of this litigation purposely as they have undoubtedly affected my mind in arriving at the conclusion which I shall presently state.
(3.) NOW coming to the merits of the case learned Counsel for the University has urged that Ordinance 86A(1)(i) has been erroneously interpreted by both the lower courts and in order to lend force to his submission he has further referred to Order 86A(5) (i), Order 87, and note 4 to Order 218. In order to to appreciate the point, it would be proper to reproduce in extenso the aforesaid provisions: Order 86A(1) A candidate who after passing the First B.E. Examination of the University or the Intermediate Examination/First Year T.D.C. Examination of a Statutory Board/University recognised for the purpose by the syndicate, seeks admission to the Second Year T.D.C. Class in an affiliated college may be admitted to the said class subject to the following conditions: (i) He shall be required to pass in the compulsory subjects prescribed for the First Year T.D.C. Examination of the University if he has not already passed in the same at the qualifying examination. If he passes the Second Year T.D C. Examination but fails to clear the compulsory subject(s) either at the main or at the immediately following supplementary Examination, his result of Second Year T.D.C. Examination will be with held. Such a candidate shall be allowed two more chances to clear the failing compulsory subject (s) at the immediately following Main and Supplementary Examination and allowed admission to the Final Year T.D.C. Class, provided that if he fails to clear them even in these two chances (inability to avail a chance shall be treated as failure), his Second Year T.D.C. Examination shall stand cancelled. (5) (i) Candidates who appeared at the First Year T.D.C. Examination and/or Core/ Optional subjects under the aforesaid provision shall not be promoted to the Final Year T.D.C Class until they have passed the First Year T.D.C Examination in the required compulsory and/or Core/Optional subject and (ii) the attendance of such candidates as passed in the required Compulsory and/or Core/Optional subjects at the supplementary examination will be counted from the date of their admission but not later than a week from the date of declaration of the supplementary examination result, Order 87. A student who has not been allowed promotion shall not be admitted into a higher class in another college. Order 218 Note 4: A candidate failing in any or all the compulsory subjects viz. General Hindi, General English and General Education/ History of Indian Civilization and Culture/Elementary Mathematics Elementary Biology in the First Year Examination will be allowed to continue his studies in the Second Year Class provided he passes in all the optional subjects offered in the First Year Examination. Such a candidate will have to clear the compulsory subjects in which he failed at the First Year Examination in the immediately following three (Main and Supplementary Examinations) and will be allowed to join the Final Year class only after he has cleared all the compulsory subjects. If a candidate passes the Second Year Examination but again fails to clear the Compulsory subject (s) his result of Second Year will be withheld and released only after he has passed in all the compulsory subjects. Such a candidate shall be allowed two further chances to clear the failing compulsory subject (s) at the immediately following Main and Supplementary Examinations and allowed admission to the Final Year T.D.C Class, provided that if he fails to clear them even in these two chances (inability to avail a chance shall be treated as failure), his First Year and Second Year T.D.C Examinations shall stand cancelled. ;