RAMAJOIS, J. ( 1 ) THE petitioner who is a Lecturer in Commerce in the service of the Mysore University has presented this petition praying interalia for the issue of a writ of mandamus directing the University to treat the period from 25-9-1973 to 31-3-1978 during which he had gone to Birmingham University in U. K. for higher studies, as leave with salary and pay all the arrears and also for other reliefs: ( 2 ) THE facts of the case, as stated by the petitioner are as these: The petitioner was a lecturer in Commerce in the service of the mysore University. The Government of india evolved a Scheme entitled "the Award of National Scholarship for Studies Abroad. " the Government of India selected him for the award of Scholarship after his name was sponsored by the Mysore University. After the Scholarship was awarded, the petitioner went to U. K. and joined the Birmingham university. During the stay at Birmingham he made a grievance to the effect that the salary and allowances to which he was entitled to under the Rules had not been given to him by sanctioning the necessary study leave with allowances and as a result he was put to considerable hardship as the amount of scholarship was not sufficient to maintain himself and also his family in India. Thereafter, after protracted correspondence by communication dated 26-12-1974 (Ex. L1) leave was sanctioned as below: i. Half-pay leave for 40 days from 25-9-1973 ii. The rest will be L. W. A. from 4-11-73 to 24-9-1979 (inclusive) note: No further extension of leave beyond four years will be granted. " the petitioner protested against the grant of half pay leave of 40 days and leave without allowance for the rest of the four years, by making representations. The request was rejected by communication dated 1st december 1975 (Ex. N ). The relevant portion of that letter which was addressed by the registrar to the Professor and Head of the department of Commerce reads-"reference is invited to this office letter of even No. dated 13-8-1975 addressed to Sri M. R. Suryanarayanamurthy and to state that his contention that he is a sponsored candidate by the University of mysore is not acceptable to the university. This may please be brought to the notice of Sri M. R. Suryanarayanamurthy, again with reference to his letter dated 5-11-1975 and he may be also informed that no useful purpose would be served by revoking this issue on which the final decision of the University has already been communicated to him. "subsequently by a communication dated 30th april, 1979, the Administrative Officer of manasagangotri, addressed a letter to the registrar of University on the topic. That letter reads:"with reference to the above, I write to state that Sri M. R. Suryanarayana Murthy, lecturer in Commerce has been granted combined leave for 4 years from 25-9-1973 to 24-9-1977 (BDI) as follows in connection with his higher studies at burmingham University U. K. vide your order No. D6-506/73-74 dated 26-12- 1974. Half pay leave for 40 days from 25-9-1973 to 3-11-1973 the rest of the period will be lwa from 4-11-73 to 24-9-1977) further sanctioned extension of LWA from 25-9-1977 to 31-3-1978 to the lecturer vide Your Order No. D6-506/73-74 dated 23rd January 1978 and he is directed to report himself for duty to the Professor and Head of the department of Commerce, MGM, on or before 1-4-1978. The Professor and Head of the Department Commerce in his letter no. MG. Com. T. 1-5/78-79 dated 1-4-1978 has reported that Sri M. R. Suryanarayana murthy has reported for duty on the F. N. of 1-4-1978 after return from abroad. His last increment was given on 1-8-1973 raising his pay from Rs. 440/- to Rs. 480/- p. m. He was on LWA for 1609 days from 4-11-1973 to 31-3-1978. Since he has not obtained his degree within period of three years, no period of absence other than the leave that was at his credit counts for earning increments as per Rule 10 of appendix II of KCSR 1958. Hence his next increment falls due on 5-1-1979 after postponing 1609 days of LWA (LWA from 4-11-1973 to 31-3-1978) raising his pay from Rs. 480/- pm to Rs. 520/- pm. but as per Government Order No. FD 24 SRP (3) dated 31-3-1973 his increment falls due on 1-1-1979 instead of 5-1-1979. I request you kindly to sanction the increment and also allocation in respect of the said lecturer at an early date. The service register of the lecturer is also enclosed herewith for reference and return. "thereafter the petitioner has presented this writ petition. I request you kindly to sanction the increment and also allocation in respect of the said lecturer at an early date. The service register of the lecturer is also enclosed herewith for reference and return. "thereafter the petitioner has presented this writ petition. ( 3 ) IN the statement of objection filed by respondent-1 the specific stand taken by the university is, that the claim of the petitioner was based on his being a sponsored candidate but actually he was not a sponsored candidate. In the statement of objection the correctness of Ex. A1 produced by the petitioner in support of his plea that the university had sponsored him, has been disputed. It is specifically averred that the registrar of the University had not signed in token of undertaking the responsibility for the petitioner a sponsored candidate. It is also further averred that as early as in 1973, itself the University had made it clear to the petitioner that he had to go on study leave by taking leave on salary to whatever extent he had leave to his credit and by taking rest of the leave as leave without allowance. ( 4 ) THERE is no dispute that the rules found in Appendix II to the Karnataka Civil Service rules (for short 'the Rules') have been adopted by the University but the stand of the University is, the case of the petitioner falls under Rule 10 of the said Rules and it is also not disputed by the learned Counsel for the petitioner that if his case falls under Rule 10 of the Rules, what the University has done is correct, but his plea is that his case falls under rule 6 of the said Rules. ( 5 ) THEREFORE, the crucial question arising for consideration in this case is, whether the petitioner was a sponsored candidate and therefore Rule 6 of Appendix II to the Rules read with annexure 'b' to the said rules is applicable to the case of the petitioner or rule 10 of the rules. In order to find out the answer to the aforesaid question, it is necessary to trace the entire history of the case and the correspondence which has ensued in connection with the application of the petitioner, for Government of India Scholarship. The Ministry of Education, government of India had evolved a scheme entitled 'national Scholarship for Study Abroad scheme. In order to find out the answer to the aforesaid question, it is necessary to trace the entire history of the case and the correspondence which has ensued in connection with the application of the petitioner, for Government of India Scholarship. The Ministry of Education, government of India had evolved a scheme entitled 'national Scholarship for Study Abroad scheme. ' The relevant portion of that scheme reads: iv. COUNTRIES OF STUDY/research: arrangements for study/research abroad will be made for the successful candidates in countries where appropriate facilities in the relevant subjects are available. The candidate's preference for any country or for any particular institution will be borne in mind, but the final decision in the matter will rest with the Government of India. Candidates may make their own efforts for securing admission in institutions abroad and in the event of their being selected for awards under this scheme, the selected candidates will be permitted to join the institutions to which they have secured admission. V. DURATION OF SCHOLARSHIP: the award will be made for the duration of the course for which a scholar is initially selected. The period will ordinarily be not more than 3 years but shall in no case exceed 4 years. The stipend will be payable from the date of arrival in the country of study upto date of departure. But if it becomes necessary for a scholar to stay in the country of study after the completion of his study/research for want of passage or other approved reasons, reduced rates of stipend may be paid to him. Scholars are required to return to India immediately on completion of the course of study/research for which they were sent abroad. But if it becomes necessary for a scholar to stay in the country of study after the completion of his study/research for want of passage or other approved reasons, reduced rates of stipend may be paid to him. Scholars are required to return to India immediately on completion of the course of study/research for which they were sent abroad. LX VALUE OF FULL SCHOLARSHIP: the rates of scholarship will be as follows subject to such modifications as the Government may decide upon from time to time:-"a) Maintenance Allowance: U. S. A. and Canada U. S. A. and 2250 per annum U. K. and other Countries 660 per annum (payable in local currency) b) Payment for Books, Essential apparatus and study Tour, Typing and binding Thesis: The actual cost of books, essential apparatus and study tours (coach class in U. S. A. and second class in U. K. and other countries) and binding of thesis as recommended by the professor concerned will be paid, but it shall not in any case exceed 125/- per annum in the U. S. A. $ 30 per annum in the United kingdom, and a similar amount to be prescribed for every other country. (The Embassy/high Commission of india will obtain a list of books and essential apparatus purchased by the scholar and their cost including the cost of typing and binding the thesis from the professor under whom the scholar will study and make the payment to the scholar as and when necessary. Within fifteen days of making the payment, vouchers in respect of the purchase of books, etc. , should be submitted by the scholar to the Indian Mission concerned. "the other parts of the scheme provide for equipment and journey allowance. The petitioner submitted his application seeking selection for the award of National Scholarship under the aforesaid scheme. The application of the petitioner was forwarded to government of India by the letter of the registrar dated 22-5-1972 copy of which is produced as Exhibit 'a'. The annexure to the said letter was the application of the petitioner produced as Exhibit A-1. Below that application the sponsoring authority is required to issue a certificate. As the entire case of the petitioner is based upon these two documents, it is necessary to set out the contents of the same. It reads: