Judgment 1. THE petitioner obtained this Rule as to why a writ of mandamus should not go for canceling the intimation of the Assistant Controller of Examinations dated May 10th, 1963 being Annexure a to the petition and directing the issue of the original diploma. The Rule was directed against the Assistant Controller and Controller of Examinations, University of Calcutta. 2. THE petitioner's allegations in the petition are that he passed the final M. B. B. S. examination in the month of December 1960, held by the Calcutta University. The petitioner alleges that having passed the said examination he was out of India and as such he could not either attend the Convocation held in the year 1961 or do his pre-registration course of study at that time. The petitioner alleges that the completed his registration duty on February 28, 1963 and he then applied through the Principal, Calcutta Medical College for his original diploma. The petitioner alleges that his application for the issue of original diploma is in order as original diplomas are issued to those who could not attend the Convocation without attending any other subsequent Convocation. The petitioner alleges that without the original diploma he is unable to proceed to United States of America for Postgraduate training. The petitioner annexes to the petition the letter dated May 10, 1963 addressed by the office of the Controller of Examinations to the petitioner. The letter is as follows: "senate house The 10th May, 1963. No. Dip/355/8080 From The Controller of examinations, University of Calcutta. To Kazi Khurshid Bakht, 8b, Tarak Dutt Road, Calcutta-19. Reference his application dated 4th April, 1963. Kazi Khurshid Bakht is informed that original diplomas are not issued before conferment of the Degree by the Senate at its Annual Convocation. His original M. B. B. S. diploma will be presented at the next Annual Convocation to be held some time in 1964. He may, however, apply for a provisional certificate in the enclosed form, if necessary, or may apply for refund of the fee by submitting the receipt issued by the University cashier. Sd./ - D. P. Banerjee, Asstt . Controller of Examinations. He may, however, apply for a provisional certificate in the enclosed form, if necessary, or may apply for refund of the fee by submitting the receipt issued by the University cashier. Sd./ - D. P. Banerjee, Asstt . Controller of Examinations. " Having set out the letter the petitioner alleges that the regulation for M. B. B. S. Course of the Calcutta University is that on being admitted to the degree the petitioner's name shall be published in the gazette and he shall get his degree. 3. THE petitioner appeared in person. Mr. Chaudhuari, counsel for the University, took several preliminary objections to the maintainability of the application. First, that the Assistant Controller and Controller of Examinations are not the authorities to deal with the conferment of degrees or holding meetings for the conferment of degrees. It is contended by Mr. Chaudhuri that the Assistant Controller and Controller of Examinations do not exercise any power in that behalf and the petitioner should have proceeded against the University of Calcutta if the petitioner had any grievance. It is secondly contended that no mandamus could go against the letter dated May 10, 1963 for cancelling the intimation and directing the issue of the diploma because the Assistant Controller is powerless to issue any diploma. Mr. Chaudhuri contended that the diploma would issue only upon compliance with the statutory obligations and the Assistant Controller or the Controller of Examinations had no power to issue any diploma. Thirdly, it was contended that there was no demand for justice. These technical points are insurmountable and if the petitioner had not appeared in person I would have dismissed the application on these technical grounds. Since the petitioner appeared in person I was inclined to overlook technical defects because the courts of justice are open to citizens and if a citizen has any grievance and he applies in person in that behalf the court should ordinarily give the petitioner audience on his grievance irrespective of such technical defects. I therefore decided to hear the matter on merits. 4. THE petitioner stated that he formulated his grievances in the affidavit in reply and contended that the petitioner was entitled to obtain a degree and a certificate without attending the Convocation. It appears from the affidavits that the petitioner passed the final M. B. B. S. examination in the month of December 1960. 4. THE petitioner stated that he formulated his grievances in the affidavit in reply and contended that the petitioner was entitled to obtain a degree and a certificate without attending the Convocation. It appears from the affidavits that the petitioner passed the final M. B. B. S. examination in the month of December 1960. The petitioner did not attend practical clinical instruction course thereafter. In the month of January 1961 a Convocation was held. In the month of September 1962, the petitioner joined the Medical College, Calcutta, for practical clinical instruction for a period of six months. In the month of January 1963 a Convocation was held. The petitioner by that time had not finished the practical clinical instruction for a period of six months. By February 28, 1963, the petitioner completed his six months practical training and he applied for admission to M. B. B. S. degree. On March 16, 1963 there was a resolution of the Syndicate recommending that the petitioner be admitted to the M. B. B. S. degree. On March 23, 1963, the Controller sent to Registrar, West Bengal Medical Council, Calcutta a copy of the resolution of the syndicate. On April 4, 1963 the petitioner used a wrong form applicable for those who did not attend the Convocation. He did not apply in the form provided for issuing provisional certificate before the Convocation is held. On April 29, 1963 the petitioner addressed a letter to the Chancellor for the original diploma. On May 10, 1963, the Assistant Controller informed the petitioner about the wrong form and forwarded a form for issue of provisional certificate. The petitioner was also informed that he was not entitled to the original diploma on the basis of this application until the Convocation was actually held. On May 16, 1963 the petitioner applied for this Rule. The petitioner contends that there are no regulations for conferring M. B. B. S. degrees at the Convocation. He relies on Calcutta University Regulations (unrepealed portions only) published by the University of Calcutta in the year 1962 with amendments upto December 31, 1961 and refers to pages 141, 144, 147, 499, 589, 664, 666,668, 670, 846, 870 and 880 in support of the contention that only in cases of Research Degrees the same are required to be given at the Convocation. On the basis of these Regulations the first contention of the petitioner is that since there is no specific Regulation for conferment of M. B. B. S. degrees at the Convocation the petitioner is entitled to the issue of the diploma or certificate for M. B. B. S. without attending the Convocation. Secondly, it is contended that if it be held that a meeting is necessary for the issue of a diploma an Emergency meeting of the Senate or a Special meeting of the Senate can be held and since there is no quorum for the meeting to be held for the issues of a diploma or conferring the degree on the petitioner the emergency or special meeting need not be the Convocation. Reliance was placed on the Calcutta university Act, 1951 with First Statutes amended upto 30th June 1962 published by the University of Calcutta in 1963. The petitioner relied on sub-sees. (3) and (4) of sec. 10 of Calcutta University Act, 1951, in support of the Contention that the Vice-Chancellor has powers to convene meetings of the Senate and the. Syndicate and the Academic Council and that in any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, he may take such action as he deems necessary. Reliance was also placed on sec. 19 of the 1951 Act in support of the contention that there need not be any quorum for meeting of the Senate held for the purpose of conferring degrees and that the Vice-Chancellor could hold such a meeting. Reliance was placed on the statutes concerning conduct of business appearing in the same book at pages 89, 91 and 92 being statutes nos. 2, 9 and 13 (4) which are as follows: "statute (2. The Vice-Chancellor, may, whenever he thinks fit, convene a special meeting of the Senate". And under Statute (9) at page 91: "the Registrar shall, under the direction of the Vice-Chancellor, give not less than 14 days notice to the members of the date of the Special meeting." Under Statute 13 (4) at page 92: "no quorum shall be required at a convocation or a meeting held for the purpose of conferring degrees." On these statutes the petitioner contended that there could be conferment of degree at a meeting of the Senate other than Convocation. 5. 5. THE third contention of the petitioner was that at page 624 of the Calcutta University Regulations (unrepealed) portions it appears in Chapter XLV that every candidate shall, on passing the final M. B. B. S. Examination, receive a certificate in the form given in Appendix A. That form is to be found in the same volume at page 923 following. Forms are in respect of First, Second or Third M. B. B. S. examination, Honours and Final M. B. B. S. Examination Honours and Pass. The petitioner relied on the forms for M. B. B. S. Final pass which is at page 923. It is necessary at this stage to refer to Chapter XLVI of the Regulations appearing at page 624. The regulations are as follows: "a Student after having successfully passed the Final M. B. B. S. Examination in Part I and Part II is required to attend a course of six months' practical clinical instruction in the wards of a hospital specially recognised for the purpose. A part, not exceeding one month of the abovementioned period, may be spent in a hospital for special diseases." 6. THE hours of attendance at the hospital shall not be less than an average of 13 hours per week. On completion of the course of practical instruction, the student shall send to the Registrar his application with a certificate in the form prescribed by the Syndicate, for admission to the M. B. B. S. Degree and the Syndicate on being satisfied that he is qualified for admission to the degree shall cause his name to be published in the Gazette. He shall, thereupon, receive with his Degree of M. B. B. S. a certificate in the form given in Appendix A." The petitioner's contention on the form was that the form states that the person mentioned in the form "having completed the curriculum of study and passed the examination for a Degree of M. B. B. S. which has been duly conferred upon him," and therefore the form contains intrinsic evidence that the Degree has already been conferred upon him and therefore the petitioner was entitled to a diploma or certificate without attending the Convocation. I am unable to hold that an emergent or special meeting should be held to confer the degree on the petitioner. I am unable to hold that an emergent or special meeting should be held to confer the degree on the petitioner. In any event there is no legal right to require the holding of such a meeting. The respondents cannot call such meetings. I am equally unable to hold that the form which uses the words "the degree which has been duly conferred upon him" shows that the degree has been conferred automatically on passing the M. B. B. S. examination. The conferment of degree is a matter regulated by Rules and Regulations of the University. The petitioner however contended that Regulations in Chapter XLVI stated that after publication of the name in the Gazette the petitioner was entitled to receive the degree and that he was not required to attend any convocation. 7. THE relevant regulations are to be found in Chapter XLVI of the University of Calcutta Regulations (unrepealed portions) published by the University of Calcutta in the year 1962. It is stated there that a student after having successfully passed the final M. B. B. S. examination in Part I and Part II is required to attend a course of six months' practical clinical instructions in the words of a hospital specially recognised for the purpose. On completion of the course of practical clinical instruction a student shall send to the Registrar his application with a certificate in the form prescribed by the Syndicate, for admission to the M. B. B. S. degree and the Syndicate on being satisfied that he is qualified for admission to the 'degree shall cause his name to be published in the Gazette. He shall thereupon, receive with his Degree of M. B. B. S., a certificate in the form given in Appendix A. This regulation postulates 3 conditions, first that a student is to pass the final M. B. B. S. Examination, secondly he has to complete a course of practical clinical instruction for six months, thirdly he has to send a certificate to the Registrar in the prescribed form. The prescribed form is to be found at page 924 of the University of Calcutta Regulations (unrepealed portion) published in the year 1962. ' 8. THE prescribed forms are first a form of application together with a certificate prescribed under Chapter XLVI of the Regulations (to be used after attending the course of six months' practical clinical instructions. The prescribed form is to be found at page 924 of the University of Calcutta Regulations (unrepealed portion) published in the year 1962. ' 8. THE prescribed forms are first a form of application together with a certificate prescribed under Chapter XLVI of the Regulations (to be used after attending the course of six months' practical clinical instructions. The first form is to be signed by the student and there he has to apply for admission to the M. B. degree and he has also to state that he has attended the course of six months' practical clinical instruction at a hospital, as contemplated in Chapter XLVI after having passed the final M. B. Examinations in Part I and Part II. Along with that application there is the second prescribed form which has to be a certificate signed by the head of the Institution or hospital where the candidate received the practical training. The certificate is to be to the effect that the person concerned after having successfully passed the M. B. B. S. Examination has completed the prescribed course of practical clinical instruction (including special disease) and has fulfilled the conditions laid down in Chapter XLVI. The third prescribed form is to be signed by the Vice Chancellor. The form is to the effect that the student concerned having completed the curriculum of study and passed the examination required by the Regulations of the University for the degree of Bachelor of Medicine and Surgery, which has been duly conferred upon him, he having been admitted to the degree on the day mentioned, on his fulfilling the conditions laid down in Chapter XLVI of the Regulations, is declared competent and authorised to practice medicine, Surgery and Midwifery. On the forms the petitioner in person laid emphasis on the words "the degree of Bachelor of Medicine and Surgery, which has been duly conferred upon him" in the form to be signed by the Vice-Chancellor to the effect that the degree had already been conferred upon the petitioner. It is noticeable that a conferment of degree is necessary and he is to be admitted to the degree as will be apparent from the form to be signed by the Vice-Chancellor. 9. It is noticeable that a conferment of degree is necessary and he is to be admitted to the degree as will be apparent from the form to be signed by the Vice-Chancellor. 9. THE affidavit to Deba Prosad Banerjee, the Assistant Controller of Examinations, affirmed on January 7, 1964, sets out the regulations and the forms and in paragraph 7 of the affidavit he states that the power to confer the degree is the exclusive right of the Senate of the University of Calcutta and the Calcutta University Act 1951 read with the statutes, ordinances, rules and regulations coupled with the practice and convention followed in the University lays down the methods by which the Senate can act. In respect of matter of conferment of degree the deponent alleges that the Senate acts by holding meetings and that once every year the Senate confers the degrees in its annual meeting which is the Convocation of the University. The deponent further alleges that a special procedure is followed in the Convocation for conferment of degrees. The head of every institution from where the candidate concerned has passed and if found eligible and qualified for the degree or failing him, the Registrar presents the candidates for conferment of the degrees. While doing so every head of the institution of the Registrar as the case may be has to pronounce the fallowing words 'sir, I present to you students College, who have been examined and found qualified for the Degree to which I pray that they may be admitted'. The deponent alleges that the Vice-Chancellor thereafter admits the candidate to the degree and while doing so, he utters the following words "by virtue of the authority vested in me, as Vice-Chancellor of this University, I admit you to the degree or degrees and I charge you that ever in your life and conversation, you show yourselves worthy of the same." 10. THE petitioner contended that he was not required to be present at the Convocation and he was entitled to the issue of a diploma because he had already earned the degree. THE petitioner contended that he was not required to be present at the Convocation and he was entitled to the issue of a diploma because he had already earned the degree. It will appear at page 159 of the Calcutta University Act 1951, with first statutes amended up to November 30, 1957 as also in the Calcutta University Act 1951 with first statute amended up to June 30, 1962, at page 147 that the regulations made in the Indian Universities Act, 1904, with amendments sanctioned up to the appointed day relating to certain matters enumerated there shall continue in force until altered, repealed or amended in the manner provided in the Calcutta University Act. Among the matters enumerated are First M. B. B. S. Examination and Final M. B. B. S. Examination. At page 159 of the book containing amendments up to 1962 and at page 161 of the book containing amendments up to 1957 there is r. No. 3, which is as follows: "save as otherwise provided in the Act, the First Statutes, the First Ordinances, and the First Regulations and subject thereto, the practice and procedure in force in the University shall continue in force until altered, repealed or amended." Mr. Chaudhury laid considerable emphasis on the practice and procedure of the University. I am of opinion that the words uttered by the Registrar and particularly the words uttered by the Vice-Chancellor have special sanctity solemnity and dignity and procedure and practice of the University which evolved out of the observance of such dignified words admitting a student to a degree, have the binding effect of a convention which should be adhered to and should not be departed from as the petitioner contended. Mr. Chaudhury contended that sec. 18 of the Calcutta University Act, 1951 lays down the powers of the Senate. One of the powers of the Senate as contained in sub-section 13 of sec. 18 is to confer degrees, title diploma, certificate and other academic distinction on persons who (a) shall have pursued an approved course of study in an affiliated, constituent, professional or University College or a University laboratory, or (b) shall have carried on research under conditions prescribed. Under sec. 18 is to confer degrees, title diploma, certificate and other academic distinction on persons who (a) shall have pursued an approved course of study in an affiliated, constituent, professional or University College or a University laboratory, or (b) shall have carried on research under conditions prescribed. Under sec. 19 of the Act of 1951 the Senate functions by holding meetings at least twice a year on dates to be fixed by the Vice-Chancellor and one of such meetings shall be held in January and shall be called the annual meeting. The noticeable feature is that at the Convocation a quorum of 35 members required for meeting of the Senate is not required. The ordinary meetings of the Senate are dealt with in statutes concerning conduct of business at page 91 of the Calcutta University Act with statutes amended up to November 30, 1957. Sec. 13 of the statutes, prescribing conduct of business at page 93-94 shows that no quorum shall be required at a convocation meeting held for the purpose of conferring degrees. In this connection Mr. Chaudhury laid emphasis on the words occurring in the form to be found at page 924 to which I have already referred to. The words there are "the degree of Bachelor of Medicine and Surgery which has been duly conferred upon him." Mr. Chaudhury in my view rightly contended that it is the Senate alone which has the power of conferring degrees. It may be that no quorum is necessary but there has to be a meeting for that special purpose of conferment of degrees. What I wish to emphasise is that without such meeting there could be no conferment of degree. Furthermore, the form, as Mr. Chaudhury in my view rightly contended, shows that the degree has to be conferred and the candidate has to be admitted to the degree before the Vice-Chancellor can sign the specimen form to be found at page 924 of the book to which I have already referred. 11. FOR these reasons, the petitioner, in my opinion, is not entitled to succeed. I should state here that as far as the University authorities are concerned, they wrote to the petitioner that the University was willing to supply a provisional certificate to the petitioner but the petitioner did not avail of it. 11. FOR these reasons, the petitioner, in my opinion, is not entitled to succeed. I should state here that as far as the University authorities are concerned, they wrote to the petitioner that the University was willing to supply a provisional certificate to the petitioner but the petitioner did not avail of it. The petitioner as will appear from facts narrated above, complied with the conditions of Chapter XLVI of the Regulations on February 28, 1963. Thereafter, on March 16, 1963, there was a resolution of the Syndicate recommending the petitioner for admission to the degree. The petitioner contended that he was entitled to the issue of diploma without attending the Convocation. I am unable to accept that contention as I have already indicated that without holding a meeting of the Senate for conferment of a degree and without the admission of the candidate to the degree, no student is entitled to the issue of a diploma. For these reasons I am of opinion that the rule should be discharged. I discharge the Rule. In view of the fact that the petitioner appeared in person, I am of opinion that there should be no order as to costs. Furthermore, counsel appearing for the University, I should state here, did not press for costs.