MAHENDRA BHUSHAN SHARMA, J. - (1.) SOME facts are not in dispute any longer and they are these. The petitioner Paras Chand Jain passed his Intermediate examination in the year 1979 from Madhya Pradesh (Board of Secondary Education Madhya Pradesh Bhopal) vide Annexure 1. He was admitted in IInd year course of TDC Commerce and appeared in IInd year examination 1980 in the University of Rajasthan. A candidate who had passed his Intermediate Examination was eligible for admission to IInd year TDC course. As per the Rajasthan University rules then in force, the petitioner was also to pass a paper of General English in IInd year TDC. He could not get the requisite passing marks in that paper as well as ABST I and II and therefore he was declared eligible for supplementary examination in those papers in 1981. He appeared in final year of TDC Examination along with back -log papers of IInd year namely, General English and ABST I and II. He cleared the papers of final year commerce examinations but was again declared eligible for supplementary examination in ABST I and II and General English. He applied for revaluation of the marks obtained by him in the Final Year examination of 1981, but he was declared fail in the final year commerce. He again appeared in the Final year Commerce TDC Special Examination, 1982 at Government College Centre, Kota. He also appeared in the back log papers as aforesaid. He was declared passed in ABST papers I and II but failed in General English paper but no marks were shown against the papers of final year examination.
(2.) THE case of the petitioner is that the University of Rajasthan through Registrar issued a notification dated July, 5, 1983 wherein it was provided that students having passed their Intermediate or 10+2 examination from the Board other than University of Rajasthan and had taken admission in IInd year and have appeared in IInd year Examination 1983 need not appear in General English paper. He therefore contends that by virtue of this circular it was not necessary for the petitioner to appear and pass in General English paper. The respondents therefore should declare his result and the petitioner cannot be called upon to appear and pass General English paper in IInd year TDC course. Show cause notice was issued and a reply has been filed. It has not been disputed on behalf of the non -petitioner No. 1 that the circular dated July 5, 1983 which has been referred to by the petitioner in Para No. 2 of the writ petition, was issued. But it is contended by Mr. Mathur that under the aforeraid circular it was necessary for the petitioner to file an application within one month of the issue of the said circular to Shri S.P. Yadav, Assistant Registrar, Examinations -IV University of )Rajasthan and the petitioner did not apply within one month and therefore the University was not bound to declare his result. Thus, it is not disputed that the notification dated July 5, 1983 was issued. The question is whether the said notification is applicable to the case of the petitioner or not ? A look at the said notification which has been produced today and which is not disputed by Shri Mathur will show that it provides that such of the students, who after passing 1st year examination of three years' course from the University other than University of Rajasthan, Intermediate or 10+2 examination, were admitted in IInd year examination 1983 were not required to appear in the compulsory paper of General English of 1st year. If further provides that such of the students who were to appear in the above mentioned papers and because of their not clearing those papers, their result has been with -held should apply within one month to the Assistant Registrar Examination IV and they will be eligible for declaration of their result. There can be no dispute that the petitioner who had passed Intermediate examination from Bhopal was entitled for admission to the Second year course of TDC of the University of Rajasthan and the circular dated July 5, 1983 was applicable to his case. The petitioner therefore in view of the aforesaid circular could not be required to appear and clear the General English paper of the 1st year of three years Degree Course of the Rajasthan University. Mr. Pareek gives out that an application was filed within 30 days for taking the benefit under the aforesaid circular, and requested the non -petitioners to declare his result of final year Commerce, TDC Special Examination 1982 but no action was taken by the non -petitioners. This is contested by the learned Counsel for the non -petitioner and he gives out that no such application was filed. Be that as it may, because the above notification/circular dated July 5, 1983 is applicable to the case of the petitioner he cannot be called upon to appear in the subject of General English of First Year of Three Years Degree Course of the University of Rajasthan. The petitioner therefore to set the controversy at rest should give a fresh application to the Assistant Registrar Examination IV of the non -petitioner No. 1 and the Assistant Registrar Examination IV of the non -petitioner No. 1 is directed to declare the result of the petitioner of Final Year TDC (Commerce) Examination 1982 in which the petitioner appeared with Roll No. 83066 at Government College Centre, Kota within 15 days of the marking of the application as aforesaid. Costs made easy. To this extent the writ petition is allowed.;