Surendra Kumar Mittal v. University Of Rajputana — 1954 DIGILAW 262 (RAJ)

Bapna, J.—This is a petition under Art 226 of the Constitution of India. 2. The petitioner, Surendra Kumar Mittal, passed the Hindi Honours (Prabhakar) Examination of the* Punjab University in the year 1950, and thereafter appeared in two subjects, English and Politics, separately, and obtained a provisional certificate of the said University that he had passed the B A. examination of the Punjab University help in April, 1954, under Regulation 7-D. and was eligible for degree. The petitioner obtained admission to the MA. (previous) class in Hindi of the Maharajas College affiliated to the Rajputana University, and wanted admission to the L.L.B (pervious) class in the University Law College. The Principal of the Law College declined to admit him on the ground that he was not qualified for admission. The petitioner contended that he had passed the degree examination of the Punjab University which was recognised as equivalent to the corresponding examination of the Rajputana University,and under the rules of the University was qualified for admission to the L.L.B. previous class. He approached the Registrar of the University but the view of the Principal were upheld. It was prayed that the respondents be directed to admit the petitioner to the L.L.B. previous class of the University Law College. The University of Rajputana the Registrar of the University, and the Principal of the University Law College were made respondents. 3. On behalf of the University it was stated that the examinations passed by the petitioner did not amount to having passed the B.A. examination of the Punjab University and the admission to M.A. class by the Maharajas College was erroneously made and that he did not possession the necessary qualifica-tion for admission either to the M.A,or L.L.B. class of the University. It was further pleaded that apart from eligibility; the matter of admission rested entirely with the Principal of the College or head of the institution, and the refusal to admit a student who had not obtained a particular standard in examination was within the power of the educational authorities. 4. The case was argued on behalf of the University by Mr K. S.Hajela, who also happens to be the Principal of the University Law College. 5. The constitution of the University is laid down by the University of Rajputana Act, 1946. 6. Sec. 23 permits the setting up of an Academic Council, and sec. 4. The case was argued on behalf of the University by Mr K. S.Hajela, who also happens to be the Principal of the University Law College. 5. The constitution of the University is laid down by the University of Rajputana Act, 1946. 6. Sec. 23 permits the setting up of an Academic Council, and sec. 23 A (1) lays down that— "The Academic Council shall have control and general regulation of, and be responsible for the maintenance of the standards of teaching and examination within the University," Under sub-sec., (2) certain special functions have been laid down without prejudice to the generality of the above mentioned provision, and it includes the power— "(ii) to propose to the Syndicate ordinances concerning admission to the University or to its examinations, courses of study and curricula. schemes of examination, and attendance, (with certain restrictions with which we are not concerned); (vii) to advise the Syndicate regarding equivalence of the examinations and recognition of the examinations of other bodies;" 7. Sec. 28 sets out the statues of the Universite and provides for the amendment and repeal of the same by the Senate. Sub-sec.(3) provides that— "The Syndicate may propose to the Senate the draft of any statute to be passed by the Senate. Such draft shall be considered by the Senate at its next meeting. The Senate may pass the statute, or a part of it, in the from in which it has been proposed, or may reject the statute or part of it, or may return the statute to the Syndicate for reconsideration, either in whole or in part, together with any amendments which the Senate may suggest." 8. Sec. 29 authorises the Syndicate to make ordinances consistent with the Act and statutes, which may provide among other things, conditions under which students shall be admitted to courses of study and curricula and examinations for degrees, diplomas and other academic distinctions. 9. Sec.30 lays down the procedure for making ordinances. They are to be made by the Syndicate provided that no ordinance concerning admission to the University or to its examinations,courses of study schemes of examination, attendance, and appointment of examiners is to be considered unless a draft of such ordinance has been proposed by the Academic Council. 9. Sec.30 lays down the procedure for making ordinances. They are to be made by the Syndicate provided that no ordinance concerning admission to the University or to its examinations,courses of study schemes of examination, attendance, and appointment of examiners is to be considered unless a draft of such ordinance has been proposed by the Academic Council. The Syndicate is not empowered to amend any draft proposed by the Academic Council, but may reject it or return it to the Academic Council for reconsideration either in whole or in part, together with any amendments which the Syndicate may suggest. Under sub-sec. (3) all ordinances may by the Syndicate are to be submitted to the Senate, and to be considered by the Senate at its next meeting. The Senate has under certain conditions power to cancel any ordinance made by the Syndicate. 10. Under sec.31, the Academic Council has the power, subject to the approval of the Syndicate, to make regulations, consistent with the Act, statutes and ordinances, providing for all matters which by the Act the statutes or the ordinances are to be provided for by regulations and for all other matters solely lying within its purview. 11. The ordinances relating to admission of students to the examination of the faculty of law provides by ordinance 252 that— "A candidate who, after taking the Bachelors degree of the University or of an Indian University recognised for the purpose by the Syndicate, with full course prescribed for the degree, has completed a regular course of study in an affiliated college for one academic year in law shall be admitted to the previous examination for the degree of Bachelor of Laws." 12. The petitioner does not hold a Bachelorss degree of the Rajputana University, and the question for determination is whether he holds "the Bachelors degree of any Indian University recognised for the purpose by the Syndicate which full course prescribed for the degree." The Punjab University is no doubt an India University. Clause (a) of Regulation 44 mentions that the degree examinations of all Universities represented on the Inter-University Board are recognised as equivalent to the corresponding examinations of the University it is conceded that the Punjab University is one of the Universities represented on the Inter-University Board. Clause (a) of Regulation 44 mentions that the degree examinations of all Universities represented on the Inter-University Board are recognised as equivalent to the corresponding examinations of the University it is conceded that the Punjab University is one of the Universities represented on the Inter-University Board. It is contended for the petitioner that the provisional certificate of the Punjab University certifying that he has passed the Bachelor of Arts examination of the Punjab University, which, as mentioned above, is equivalent to the Bachelor of Arts examination of the Rajputana University, entitles him to admission to the L.L. B previous class of the university. The contention, though plausible, is in our opinion, not correct. 13. According to the scheme of the Punjab University there is provision first of all for Bachelor of Arts and Bachelor of Science examinations printed at pages 13 to These regulations are 32 of the Calendar of the Punjab University, Volume II (1950-51). A candidate is required to take up for his examination three subjects, of which one is to be English, and the other two being elected from the 13 subjects mentioned for the B A. examination, and any one of the 19 combinations mentioned for the B. Sc. examination. At page 116 are regulations for the examinations for diplomas and literary titles in oriental classical languages, and at page 121 are regulations for examinations for certificate in modern Indian languages. At page 124 are regulations for examinations to qualify in English after passing the examination in an oriental classical language or a modern Indian language, and these regulations provide, among other things, by regulation 7th that— "A candidate shall be eligible for admission to the degree of Bachelor of Arts under these regulations if— (a) he has passed Honours examination in an oriental classical language and has qualified in English of the B. A. standard under regulation 3 above; Or (b) he has qualified in English of the Intermediate standard after passing an examination in a modern Indian language and subsequently first passes an Honours examination in an oriental classical language and then qualifies in English of the B.A. standard; Or (c) he has qualified in English of the B.A. standard after taking Honours in a modern Indian language and then passes the Honours examination in a classical language. Or (d) he has qualified in English of the B.A. standard after having passed either Honours in Hindi (Prabhakar) or Honours in Punjabi (Gyani) examination and subsequently passes in one elective subject prescribed for the B.A. examination, other than Hindi or Punjabi. A candidate appearing in one elective subject under clause (d) must obtain 40 percent marks to get a pass required under regulations relating to B.A. examination." 14. On behalf of the University it is urged that there is a distinction between a degree examination of the Punjab University which is recognised as equivalent to the degree examination of the Rajputana University, and an examination, though not a degree examination, qualifies a candidate for obtaining a degree of the Punjab University. In our opinion the distinction, though fine, Is nevertheless real. This distinction is emphasised by the ordinance for admission of students to the Faculty of Law when it is said in respect of a degree of an Indian University that such degree should be one recognised for the purpose by the Syndicate and with full course prescribed for the degree. The full course prescribed for the degree of Bachelor of Arts by the Punjab University, as mentioned above, is English as compulsory subject, and any two other subjects. The candidate in the present case has passed in English and Political Science but not in the third subject prescribed for B. A. examination. He has no doubt passed the Prabhakar examination in Hindi but it is nowhere laid down in the Calendar of the Punjab University that the passing of Prabhakar Examination is equivalent to the passing in Hindi of the B. A. examination. It may be mentioned that as regards an oriental classical language the regulations provide that the passing of high proficiency examination in Sanskrit, Arabic, or Honours in Persian will exempt the candidate from passing in that language the examination of the Bachelor of Arts and the marks obtained by him shall be taken to be the marks obtained at the Bachelor of Arts examination. The regulations of the Punjab University thus make a distinction between the case of passing an examination in a classical oriental language and passing an examination in a modern Indian language. The petitioner, therefore, has not taken the degree of the Punjab University with full course prescribed for the degree. 15. The regulations of the Punjab University thus make a distinction between the case of passing an examination in a classical oriental language and passing an examination in a modern Indian language. The petitioner, therefore, has not taken the degree of the Punjab University with full course prescribed for the degree. 15. Some confusion seems to have arisen by the correspondence made by the Registrar of the University with the Principals of Postgraduate Colleges, which made the petitioner to understand that he was qualified for admission to the M. A. class in Hindi and also to the L.L. B. previous class On 19th March, 1953, the Registrar wrote to the principal of post-graduate colleges including the Law College that— "I am to inform you that the candidates, who have passed the B. A. examination of the Punjab University by instalments i.e. who, having passed the Honours examination in a modern Indian language and B.A. examination of the same University in one more elective subject so as to be entitled for the full B. A degree, were allowed to continue their studies at their own risk. The matter of the recognition of such decrees has been referred by the Inter-university Board to a Sub-Committee. It is doubtful what the recommendation of the Committee will be and to what extent it will be adopted by the various Universities. To mitigate the hardships of these students (though they have joined at their own risk) all that can be done is to allow them to appear for the examinations and give them a certificate of having passed them if they do so, and Not a Degree. If in future the recognition is granted as a result of deliberations at Inter-university level, the degree will be given in place of the certificate. But it must be made clear to the candidates that the present decision of the university is to grant them only a certificate. I am further to inform you that until the matter is decided, such students should not be admitted to any course." 16. But it must be made clear to the candidates that the present decision of the university is to grant them only a certificate. I am further to inform you that until the matter is decided, such students should not be admitted to any course." 16. On the 16th June, 1953, the Registrar wrote to the principals of various post graduate colleges that— "The Academic Council at its meeting on the 7th February, 1953, resolved that the oriental candidates, who after passing Hindi (Honours) examinations pass their B. A. examinations in English only and also in one elective subject may be allowed to appear at the M. A. examination of the University. The resolution of the Academic Council was approved by the Syndicate at its meeting held on the 15th March, 1953. As such, such students who have passed the B. A. examination of the Punjab University by instalments are eligible for admission to the M A. classes. 17. Learned counsel for the petitioner strongly relied on this circular of the Registrar as clearly entitling the petitioner to admission in M. A. class, and it was urged that the University permitted students eligible for admission in M. A. classes as eligible also for admission in L.L. B. class. 18. 17. Learned counsel for the petitioner strongly relied on this circular of the Registrar as clearly entitling the petitioner to admission in M. A. class, and it was urged that the University permitted students eligible for admission in M. A. classes as eligible also for admission in L.L. B. class. 18. The Registrar on 17th July, sent another circular to the principals of the post graduate colleges as an explanation of the letter of 16th June, 1953, that the intention by reference to ordinance 252 was that the candidate should have taken the Bachelors degree with full course prescribed for the degree and pass the examination in the same attempt, and that according to the implication of this ordinance graduates of the Punjab University who take the Bachelors degree in one elective subject (or two in separate instalments) after passing the oriental examination and the B. A. examination in English are clearly not eligible for admission to law course, and that students who have passed in two elective subjects at the same attempt way however be admitted, and the concession granted by the University to the oriental candidates who have passed their B. A. examination of the Punjab University in one elective subject after passing their B. A. examination in English permits them to prosecute their further studied for M.A.(previous) examination of this University only in the subject of the oriental examination or related to it or in any one of the other elective subjects in which they have passed the B. A. examination, and that these rules have no bearing on their eligibility for admission to the L.L. B. classes. 19. The resolution of 7th February, 1953, which was sought to be interpreted by the Registrar, was, however, in the following words: — "(b) No graduate shall be admitted to a post graduate examination of the University, unless he has passed the examination for the Bachelors degree (B. A., B. Sc or B. Com.) in all the compulsory and optional subject ordinarily required for such an examination, or he has passed a post-graduate examination conducted by this University or any other University in Indian recognised for the purpose by the Syndicate. Provided that a candidate who has passed an oriental examination recognised for the purpose by the Syndicate and also the B. A. examination in English only (General English and English Literature) and in one of the other subjects comprised under the faculty of Arts, except modern Indian or oriental classical language, conducted by this University or by any Indian University recognised for the purpose by the Syndicate, may be allowed, if otherwise eligible to appear at the M. A. (previous) examination of the University in the subject of the oriental examination or related to it or in any one of the other elective subject in which he has passed the B. A. examination. 20. The Resolution emphasised "an oriental examination recognised for the purpose by the Syndicate". It is not clear whether the oriental examination meant an examination in oriental classical language or an examination in modern Indian language. The distinction assumes importance so far as the Rajputana University is concerned, for in Chapter XXX of the Handbook of the University of Rajputana (ordinance 167) which lays down qualifications for admission to an examination of the University, Shastri examination in Sanskrit, the Maulvi Fazil in Arabic or the Munshi Fazil examination in Persian of the Punjab University is recognised as an oriental examination qualifying for admission to the B. A. examination, while Prabhakar (Honours in Hindi) examination conducted by the Punjab University was only recognised as qualifying for admission to Intermediate examination, The language used oriental examination recognised for the purposed by the Syndicate" is not happy. What is intended is "an oriental examination recognised for, the purpose of appearing at the B. A. examination by the Syndicate". If the words of appearing at the B. A. examination are not read in the sentence, the only other meaning would before the purpose of admission to postgraduate examination, but throughout the Calendar of the Rajputana University there is no mention of any oriental examination being recognised for the purpose of admission to a post-graduate examination of the Rajputana University. If the words of appearing at the B. A. examination are not read in the sentence, the only other meaning would before the purpose of admission to postgraduate examination, but throughout the Calendar of the Rajputana University there is no mention of any oriental examination being recognised for the purpose of admission to a post-graduate examination of the Rajputana University. By reading the words as indicated the resolution becomes understandable that the candidate who has passed B. A. examination of the Punjab University after having qualified in Shastri, Maulvi Fazil or Munshi Fazil examination and has passed in one subject other than English becomes eligible to appear at the M. A. previous examination in the subject of Oriental Examination or in any one of the other elective subjects in which he has passed the B. A. examination. This rule would benefit the candidates who have qualified in an oriental classical language and as mentioned above there is distinction in the Punjab University itself between candidates passing in oriental classical language and candidates passing in modern Indian language. 21. The question was considered again by the Academic Council and a Committee was appointed to go into) this question and the Committee by its Resolution of 20th July, 1954, recommended by Resolution No. 1 that— "Candidates who obtain the B. A. degree of the Punjab University after passing first its Prabhakar examination or its Gyani examination and subsequently the B. A. Examination in english as well as an elective subject be not held eligible for admission to the M. A. or M. O. L. examination of the University. Only such candidates as obtain the B, A. degree of this University or any other University recognised as equivalent thereto after passing first an oriental examination which is recognised by this (University for purposes of admission of candidates to its B. A. examination in English only and subsequently the B. A. examination in English as well as an elective subject be treated as eligible for admission to the M. A. or M.O.L. examinations." 22. The Syndicate at its meeting of 31st July, 1954, accepted this recommendation by resolving that— Candidates, who obtain the B. A. degree of the Punjab University or any other University after passing such oriental examinations as are not recognised by this University as a qualification for admission to its B. A. examination in English only, be not held eligible for admission to the M.A. or M.O.L. examination of this University." 23. It was argued by learned counsel for the University that this was an amendment of ordinance No. 252. But it may need only be said that this argument is without any foundation, for the ordinances are to be passed in a particular manner, and every resolution by the Syndicate does not amount to an ordinance. The said resolution is however by way of explanation the ordinance No. 252, and the Syndicate was well within its powers to state what was the meaning of the words recognised for the purpose by the Syndicate with full course prescribed for the degree with reference to a particular degree of the Punjab University. This resolution is a complete answer to the petitioners case But the petitioner further relied on resolution No. 3 of the Syndicate passed at its meeting on the same day (31st July, 1954) which was as follows— "(3) Ref. Res. No. 9—In view of the present wording of O. 252 there appears to be no reason why a candidate, who has taken M.B.B.S. degree, or B.B. degree, or any other Bachelors degree, should be debarred from entering law courses. All candidates who have taken a Bachelors degree must, therefore, be deemed eligible to join law classes. The actual admission of candidates to the law classes would rest with the authorities of the college concerned. But the question of further clarification of O. 252, or amending it, be referred to the faculty of law." 24. It was contended on the basis of the above resolution that every candidate who had taken the Bachelors degree was entitled to join law classes. The back-ground of to is resolution, however, makes it clear that this was a clarification as to the eligibility of candidates who had obtained degrees in medicine and engineering for admission to law classes. It was contended on the basis of the above resolution that every candidate who had taken the Bachelors degree was entitled to join law classes. The back-ground of to is resolution, however, makes it clear that this was a clarification as to the eligibility of candidates who had obtained degrees in medicine and engineering for admission to law classes. The question before the Academic Council at its meeting of 27th of July, 1954, was whether the Bachelors degree referred to in ordinance 252 meant only the Bachelors degree in arts, science and commerce or included all Bachelors degrees, and the Academic Council by resolution No. 9 referred the matter to the Faculty of Law, but when the matter came up again before the Syndicate, the above resolution was passed, and it is obvious that the intention was to clarify that even candidates passing Bachelors degree in medicine and surgery, or engineering were also eligible for admission to L.L. B. classes. The aforesaid resolution does not help the petitioner in any manner. 25. In our opinion the petitioner was rightly held not qualified for admission to the L.L.B. previous examination, and therefore rightly refused admission to the law classes of the University, 26. The petition has no force and is dismissed. We, however do not allow costs as the confusion arose out of the circular issued by the officers of the university and the unhappy language of the ordinances of the University.