JUDGMENT S.D. Agarwala, J. - This is a petition under Article 226 of the Constitution of India. The petition has been filed by four petitioners, namely, Noor Mohammad, M. Shah Newaj, Ali Alam and Syed Ghulam Sarwar. All these petitioners were admitted to the B.Sc. Engineering Course conducted by the Aligarh Muslim University, Aligarh, All the petitioners are at present students of V B.Sc. Engineering IIIrd year. 2. The petitioners were admitted in theft University in the Engineering Course and they were governed by Chapter XXXIV All of the Ordinance (Academic) framed by the University. This system was known as 101 E point system. With effect from the academic session 1985-86 the University amended the Ordinances for B.Sc. in Engineering in the University and a new Chapter XXXIV (C) was introduced which is popularly known as grading system. 3. Under 101 point system candidates were permitted to appear each year in the supplementary examination in the subjects in which they had failed. Under the new grading system initially there was a specific provision for the supplementary examination to be held after the annual examinations only in the Final Year. These Ordinances were subsequently amended and a candidate was permitted to appear in the supplementary examination in each year provided the candidate obtains grade E/I in not more than 50% of the courses in the annual examination. 4. The result of the petitioners in the 111 year was such that they could not appear in -the supplementary examination in the grading system and as such the petitioners have raised of the grievance in this court that in fact 101 point system is applicable to them and not the grading system. In case, however, 101 point system is applicable, then admittedly the petitioners would be permitted to appear in the supplementary examination. If 101 point in system is not applicable then under the grading system the petitioners could not be permitted to appear in the supplementary examination of the said year but would have to repeat the entire course again for the year in which they failed. The question, therefore, to be considered by this court is whether 101 point system is applicable to the petitioners or the grading system is applicable. 5. The question, therefore, to be considered by this court is whether 101 point system is applicable to the petitioners or the grading system is applicable. 5. When the new system was adopted by the University from the academic session 1985- 86, there was a specific transitory Ordinance No. 1 of Chapter XXXIV(C) which reads as follows : - "1. Candidates admitted under 101 point system (from the session 1981-82 to 1984-85) shall be governed by Chapter XXXIV-C of the Academic Ordinances (Grading System) provided they surrender their relevant mark sheets issued earlier and give an undertaking to abide by all the Ordinances, regulations and rules prescribed for the purpose." 6. This Chapter XXXIV(C) came into force with effect from 22-11-1985. It appears that soon thereafter the University again amended Chapter XXXIV(C) as also the transitory Ordinance. The relevant amended transitory Ordinance No. 1 by virtue of which the earlier transitory Ordinance No. 1 was substituted is as follows : - "1. Examination results of B.Sc. (Engineering) for the session 1981-82 to 1984-85 declared earlier under 101 point system shall be converted into Grading system as per Regulations prescribed in these Ordinances and the same will be taken into account for determining the SPI/CPI provided that the candidates surrender their relevant mark sheets issued earlier and give an undertaking to abide by the Ordinances, Regulations and Rules prescribed for the purpose." 7. We have to consider the effect of the transitory Ordinance No. 1 in Chapter XXXIV(C) as it existed prior to substitution and the substituted transitory Ordinance No. 1. 8. Under the unamended transitory Ordinance No. 1 it was clearly provided that the candidates admitted under 101 point system shall be governed by Chapter XXXIV(C) of the grading system provided they surrender their relevant mark sheets issued earlier and give an undertaking to abide by all the Ordinances, Regulations and Rules prescribed for the purpose. In our opinion this transitory Ordinance is absolutely clear. On a reading of the Ordinance with the proviso, it is clear that an option was given to the students to opt to the new system or continue to be governed by 101 point system. This Ordinance was substituted as quoted above by another transitory ordinance No. 1. By the amendment sought to be made by substituting the transitory Ordinance it has now been provided that the examination result of B.Sc. This Ordinance was substituted as quoted above by another transitory ordinance No. 1. By the amendment sought to be made by substituting the transitory Ordinance it has now been provided that the examination result of B.Sc. Engineering under 101 point system shall be converted into a grading system provided the candidates surrender their relevant mark sheets issued earlier and give undertakings to abide by the Ordinance, Regulations and Rules prescribed for the purpose. This transitory substituted Ordinance No. 1 also gives an option to a candidate not to surrender his mark sheet under 101 point system and also not to give an undertaking to abide by the Ordinance, Regulations and Rules prescribed in the grading system. In our opinion, if the substituted transitory Ordinance is also read as a whole, it becomes clear that even after the amendment of the transitory Ordinance the right to opt granted to a candidate remained intact and only if the option is exercised by the candidate and an undertaking is given then only the grading system would apply to the said candidate. 9. If a candidate did not opt for the new system and neither gave an undertaking as required by the transitory Ordinance No. 1, the candidate is entitled to ask the University to permit him to continue under 101 point system. We are consequently of the opinion that under the Ordinances which came into effect from the session 1985-86, Chapter XXXIV(C) would be applicable only to those students who surrender their mark sheets and who give an undertaking that they would abide by the Ordinances, Regulations and Rules prescribed for the purpose and not otherwise. 10. Admittedly, the petitioners have not either surrendered their mark-sheets nor have they given an undertaking as required by transitory Ordinance of Chapter XXXIV(C) therefore, they would be governed by the 101 point system. 11. In the result the petition is liable to succeed. On 23-9-1986 Shri Dalip Gupta, learned counsel for the University stated that in case the writ petition succeeds the University shall take supplementary examination of the petitioners under the orders of the court. In view of this statement no interim order had been passed at that stage. 11. In the result the petition is liable to succeed. On 23-9-1986 Shri Dalip Gupta, learned counsel for the University stated that in case the writ petition succeeds the University shall take supplementary examination of the petitioners under the orders of the court. In view of this statement no interim order had been passed at that stage. Since we are of the opinion that 101 point system was applicable to the case of the petitioners, the petitioners are entitled to appear in the supplementary examination in the year which they had failed, namely, the third year, in the present case for all the four petitioners. In the circumstances, a direction is necessary that the supplementary examinations for B.Sc. IIIrd year be held by the University. By another interim order passed by this court on 24th November, 1986 the petitioners were permitted to attend IVth year B.Sc. Engineering classes. In view of this interim order, learned counsel for the petitioners stated before us that the petitioners are attending IVth year B.Sc. Engineering classes. It is consequently necessary in the interest of justice that the supplementary examination may be held before the examinations are held for the IVth year of the B.Sc. Engineering. 12. In the result, we allow the petition, issue a writ of mandamus directing the respondent Aligarh Muslim University, Aligarh to permit the petitioners to complete their course in B.Sc. engineering of the University under 101 point system. A further writ of mandamus is issued to the University to hold the supplementary examination for B.Sc. IIIrd year within one month from the date the certified copy of this order is produced before the Controller of the Examinations of the University. Since the petitioners are governed by 101 point system, the University shall declare the result in accordance with the said system. 13. A certified copy of this order may be given to the learned counsel for the parties on payment of usual charges within three days,