Judgment S. B. Sanyal, J. 1. The key issue in this writ petition is what is the correct interpretation of Regulation 14 (2) framed by the Inter University board for declaring a Bachelor of Science (Honours) candidate, other than mathematics, to have obtained second class which constitute both theory and practical examinations. 2. The facts : These three petitioners claim to have obtained B. Sc. (Honours) in respective science subjects in 1987 Honours examination which comprise theory and practical. Petitioner No.1 took Honours in chemistry, Petitioner No.2 took Honours in Zoology, and Petitioner No.3 took Honours in psycology. All these three subjects have theory paper of 300 marks and practical examination of 200 marks at the Honours level. 3. According to the petitioners, they obtained 45 per cent marks in b. Sc. (pass Course) and, therefore, they were allowed to take up Hpnours course in the subjects stated above. 4. The petitioners have obtained the following marks in the science subiects:- 4_144_BLJ1_1993.htm It may be observed that Petitioner Nos.2 and 3 obtained four marks less than 45 per cent in theory paper. 5 In pass course the petitioners obtained the following marks in the subjects offered for Honours : 5_144_BLJ1_1993.htm 6. From the aforesaid marks it will be observed that when the pass course marks and Honours marks in the same theory paper are taken together, the result reflects as follows : petitioner No.1 : 60 plus 155-215 out of 500 petitioner No.2 : 84 plus 131-215 out of 500 petitioner No.3 : 60 plus 131= 181 out of 500 it may be remembered that in Pass course the total mark in theory was 200 and in Honours the total mark in theory was 300. It is, therefore, manifest that the petitioners obtained less than 45 per cent mark in theory paper of the respective subjects when the marks obtained in pass course and Honours theory papers are taken together. It is said that one is required to obtain 225 marks to constitute 45 per cent out of 500 marks in theory in order to obtain Honours 2nd Class in Bachelor of Science. 7. According to the petitioners, they were found eligible to take up b. Sc. (Honours) course having admittedly obtained 45 per cent or more marks in pass course, and as such the method adopted in calculating 45 per cent marks in Honours is illegal and without jurisdiction. 7. According to the petitioners, they were found eligible to take up b. Sc. (Honours) course having admittedly obtained 45 per cent or more marks in pass course, and as such the method adopted in calculating 45 per cent marks in Honours is illegal and without jurisdiction. Thus, they have passed B. Sc. (Honours) examination of the year 1987 as per the regulations of the L. N. Mithila University, Dharbhanga. Further, they have been discriminated qua the examinees of B. Bc. (Honours)examination of 1986 batch. Further, the University ought to have passed the petitioners in B. Sc. (Honours) in respective subjects, having obtained 45 per cent mark in theory in the case of petitioner No.1 and by giving 4 grace marks in theory papers to Petitioner Nos.2 and 3. Had that been done, Petitioner No.1 obtained more than 45 per cent mark in theory paper of Chemistry and Petitioner Nos.2 and 3 : 131 plus 4 grace marks = 135 out of 300, comprising 45 per cent in theory papers. 8. The University has filed a counter-affidavit and rely on the regulation 14 (2) to demonstrate that as per the Regulations a candidate of a particular subject of B. Sc. (Honours) other than Mathematics, in which there are theory paper and practical examination, he must obtain 45 per cent marks out of 500 in theory paper by adding the marks of theory paper of Pass course and similarly 45 per cent marks in practical out of 300 marks in similar manner. 9. It may be stated here that in practical examination all the three candidates obtained 45 per cent marks when the result of their practical examination on the same subject in pass Course and Honours are taken together. 10. We have, therefore, to consider whether the marks obtained in the same subject in pass course and Honours in theory papers, justify the petitioners being placed in second Class B. Sc. (Honours ). 11. In this connection Regulations 2 (ii), 10 (2) and 14 (2) of Lalit narayan Mithila University are relevant in order to bring out the correct interpretation of Regulation 14 (2 ). Regulations 2 (ii), 10 (2) and 14 (2)of the L. N. Mithila University. (Honours ). 11. In this connection Regulations 2 (ii), 10 (2) and 14 (2) of Lalit narayan Mithila University are relevant in order to bring out the correct interpretation of Regulation 14 (2 ). Regulations 2 (ii), 10 (2) and 14 (2)of the L. N. Mithila University. Reg.2 (ii) B. A. Honorus.-Candidates who have passed the bachelor pass course examination at least in the second division may be admitted to the third year Honours in one of the subjects offered for the pass Course. Course on completion of which they shall be required to appear at the Bachelor honours examination in Arts, Science or Commerce, as the case may be provided that no candidate shall be allowed to offer Honours course in any subject unless he has obtained at least 45% marks in that subject at the Bachelor (pass)examination. Reg.10 (2) B. Sc. Honours.-A candidate for the B. Sc. Honours examination shall be examined in the Honours course only. The examination in the Honours course in Mathematics shall consist of five papers each of 100 marks and three hours duration. In the other subject the examination shall consist of three theory papers each of 100 marks and of three hours duration and two practical examinations each of 100 marks and of 6 hours duration. At least one of the papers may be of applied nature or application oriented. Reg.14 (2 ).-Candidates at the Bachelor Honours Examination who have secured a minimum of 60% marks in subject/group concerned at the Pass Course examination and the Honours examination taken together, shall be declared to have passed the Bachelor Honours Examination in the First Class, those who have obtained a minimum 45% but less than 60% marks shall be declared to have passed the Bachelor Honours examination in Arts,. Science or Commerce, as the case may be, in the Second Class; provided that in the subject in which practical examinations are prescribed, they must have also obtained a minimum of 45% marks in the theory papers and 45% marks in the practical examination. " regulation 2 (ii) eavisages that unless a student has obtained 45% marks in that subject at the Bachelor (Pass) examination, he shall not be permitted to appear at the Bachelor (Honours)examination in science. Regulation 10 (2) provides that a student, other than B. Sc. " regulation 2 (ii) eavisages that unless a student has obtained 45% marks in that subject at the Bachelor (Pass) examination, he shall not be permitted to appear at the Bachelor (Honours)examination in science. Regulation 10 (2) provides that a student, other than B. Sc. (Honours), Mathematics, shall have to appear in three theory papers each of 100 marks and two practical examination each of 100 marks. In short, there will be 300 marks in theory papers and 200 marks in practical. Regulation 14 (2) provides the modality of calculating the marks of gachelor (Honours) Examination in order to declare a student toha ve passed in First Class or Second Class. The proviso to Regulation 14 (2) relates to those subjects of bachelor (Honours) Examinations which comprise both theory and practical, 12. The literal interpretation of Regulation 14 (2), in my opinion, will be that a candidate must obtain in the concerned subject 60 % or 45% mark in the pass Course Examination and Honours Examination taken together. Further, the proviso envisages that where the subject comprised of practical examination, the candidate must obtain a minimum mark of 45% in theory papers and 45% marks in practical examination when the proviso is read along with the principal part of the Regulation 14 (2), it is crystal clear that 45%-marks to obtain Second Class should be the total of marks obtained in pass Course and Honours course in the said subject. It is also clear that where there is theory and practical papers, the same should be followed i. e. minimum 45% marks must be obtained both in theory and practical examinations. The argument of the learned counsel for the petitioners that the proviso should be read independent of the principal part i. e. , there should be no consideration of the marks obtained in pass Course, but only in Honours course does not seem to have any substance. 13. It is a fundamental rule of construction that a proviso must be considered with relation to the principal matter to which it stands as a proviso. (See Abdul Jabar Butt and another V/s. The State of Jammu and kashmir, AIR 1957 SC 281 . In the words of Maxwell, "the true principle is that the sound view of the enacting clause, the saving clause and the proviso taken and construed together is to prevail". (See Abdul Jabar Butt and another V/s. The State of Jammu and kashmir, AIR 1957 SC 281 . In the words of Maxwell, "the true principle is that the sound view of the enacting clause, the saving clause and the proviso taken and construed together is to prevail". Regulation 14 (2) in the first part deals with calculation of marks of Bachelor (Honours) Examination Arts, Science or Commerce, as the case may be. The proviso only indicates that in such subjects where there are also practical examinations, candidates not only have to obtain 45% marks to be calculated in the manner provided under the principal part, but 45% marks in practical examination as well. The proviso is, therefore, an integral part of the scheme of calculation of marks to place a student in first class or in second class. They are really inseparable. It is true that at times even though a provision is put in the form of proviso, in substance it is not a proviso, but the main provision. This interpretation is, however, not applicable to the scheme of Regulution 14 (2 ). 14. I, therefore, conclude that the petitioners, who are students of B. Sc. (Science) comprising theory papers and practical papers, have to obtain 45% marks in theory paper and 45% marks in practical examination after taking together their marks obtained in theory and practical in the same subject in pass course. The petitioners admittedly obtained less than 45% marks and, therefore, the question of their being placed in Second Class of the B. Sc. (Honours) in Chemistry, Zoology and psycology does not arise at all. 15. The argument of the learned counsel for the petitioners that in the year 1986 different mode was adopted and, therefore, there is discrimination between 1986 and 1987 batch does not appear to be sound. It has been admitted by the University that while publishing the result of 1986 batch the regulation was not available and a mistake was committed by the University and, therefore, the illegality, cannot be perpetrated for ever. Further there could be no question of discrimination and inequality because the students belonged to different years and different subjects. I find force in the submission of the learned counsel for the university that the petitioners of 1987 batch and the candidates of 1986 batch do not constitute the same class for the purpose of discriminatory treatment. Further there could be no question of discrimination and inequality because the students belonged to different years and different subjects. I find force in the submission of the learned counsel for the university that the petitioners of 1987 batch and the candidates of 1986 batch do not constitute the same class for the purpose of discriminatory treatment. It is not the case of the petitioners that any person of 1987 batch has been differently treated than the petitioners Further, any action taken contrary to law cannot be perpetrated for ever end authority must have an opportunity to correct itself and apply the correct law in arriving at a decision. 16. For all these reasons, I find no merit in the writ petition. It is, accordingly, dismissed. Writ Application dismissed.