ORDER S.K. Dubey, J. 1. By this petition under Articles 226 and 227 of the Constitution of India, petitioner seeks issuance of writ of mandamus or any other suitable writ direction or order against the respondent University for declaring his result of M.A. Previous & Final Examinations of the year 1995. 2. Facts giving rise to this petition are thus : The petitioner first appeared as a regular student in the examination of M.A. Final in History conducted in the year 1986. The petitioner obtained aggregate marks 423 out of 800 and was declared pass in Second Division. After that the petitioner did his research work and was awarded Ph. D. from the respondent University, vide notification No. Conf/IBC/92/5 dated 28.2.1992. Thereafter, the petitioner applied for his appointment for the post of lecturer in Kerala University where necessary requirement was of obtaining 55% aggregate marks in M.A. Previous & Final Examination. As the marks obtained by the petitioner were below 557/ the petitioner obtained permission from the respondent to appear in the examination of M. A. Previous & Final examination in the same subject afresh for improving his Division. The petitioner submits that he was successful in the examination, 21 of the Ordinance 25. A person who so appears in the examination in the same subject can improve his division and not the marks. The petitioner could not obtain the marks so as to improve his Division from second Division to First, therefore, his result was not declared. 4. Having heard Shri Rajendra Menon, counsel for the petitioner and Shri K.P. Mishra, counsel for the respondent University, I am of the opinion that this petition has no merit for the reasons to follow. 5. Admittedly, the petitioner was allowed to appear in the examination under clause 21 of the Ordinance 25 (Revised) to improve his division from second to first so that after being successful may secure the degree of Master of Arts in the form prescribed by the Academic Council duly signed by the Kulpati. Clause 21 and 22 arc reproduced below : 21. Clause 21 and 22 arc reproduced below : 21. Persons who passed the M.A. Part-II examinations any subject from the University of Jabalpur in the third or second Division and desire to appear at the M.A. (Part-I & Part II) examination in the same subject for improving their division, may be allowed to appear at the aforesaid examination (M.A. Part-I and Part-II) on the following conditions, viz : (1) There shall be only the divisions for such candidates, i.e. First division and Second Division. The marks required for obtaining these divisions shall be the same as prescribed under clause 13 of this Ordinance. Examinees who are successful in the final Examination and have obtained 60% or more of the aggregate marks in Previous and Final Examinations taken together shall be placed in the First Division and examines who are successful in the final Examination and have obtained less than 60% but not less than 48% of the aggregate marks in Previous and Final Examinations taken together shall be placed in the Second Division. (2) The result of the candidates who had passed previously in Third Division and obtaining less than 48% of the aggregate marks in the Previous and Final of the examinations taken together and the results of the candidates who had passed in second division previously, and obtaining less than 60% of the aggregate marks in previous and Final examinations taken together shall not be declared, they having failed to improve their division. (3) Candidates shall have to passed the Previous and Final examination separately and for being successful at Previous and Final examinations: the candidates shall obtain at least 48% of the aggregate marks prescribed for each part, if he passed previously in third division and at least 60% of the aggregate marks prescribed for each part, if passed previously in Second Division. Provided that the candidate may also appear in one and the same year in all the requisite papers and practical etc, prescribed for both the Previous and Final Examinations. If all the requisite papers and practicals etc. Provided that the candidate may also appear in one and the same year in all the requisite papers and practical etc, prescribed for both the Previous and Final Examinations. If all the requisite papers and practicals etc. prescribed for the Previous and Final examinations are taken in one and the same year, the candidates, in order to be successful al the examination, shall have to obtain atleast 48% of the aggregate marks in all the theory papers, practicals, etc., for improving the third division and at least 60% of the aggregate marks in all the Theory papers, Practicals, etc., for improving the Second Division. (4) The syllabus for the examination shall be the same as prescribed for the year in which the examination is held. (5) Not more than two attempts shall be allowed to such candidates, i.e. candidates taking the examination in two papers shall not be allowed more than two attempts at the Previous examination and not more than two attempts at the Final Examination. Candidates taking both parts of the examination together in one and the same year shall also not be allowed more than two attempts at the examination. Failure or non-appearance at the examination, after permission has been accorded by the University, shall be counted as an attempt for the purpose of this paragraph. 22. A successful examinee shall receive the degree of Master of Arts in the form prescribed by the Academic Council duly signed by the Kulpati. 6. From a bare reading of clause 21 and its sub-clauses it is candid clear that a person who had already passed in examinations for the degree of Master of Arts in any subject, in the third or second division and desires to appear at the M. A. (Part-I and Part-II) examination in the same subject for improving his division, may be allowed to appear in the said examination on the conditions mentioned in sub-clauses (1) to (5) of Clause 21 of the Ordinance. For improving the division a successful candidate who passed in the third division earlier, must obtain at least 48% of the aggregate marks for improving the third division to second division and a candidate who obtained second division to improve the second division to first division must at least get 60% of the aggregate marks in all the theory papers and practical of Part I and Part II examination of M.A. in the same subject. 7. Ordinance 25 (Revised) framed under section 37 (v) by the Executive Council of the University in exercise of powers conferred on it after following the provisions on sections 38 and 39 of the Adhiniyam is statutory in nature and is binding of all concerns. Therefore, a-s clause (21) or any other clause of Ordinance No. 25 does not provide for improvement of marks of the same division in the same subject by a person who passed the M.A. Examination from the University, such person cannot compel the University to declare the result and issue of marks-sheet. Therefore even if the petitioner on his own saying obtained 57% of the aggregate marks, which have not been disclosed by the respondent University at any point of time, the petitioner was not entitled to receive the degree and issue of marks-sheet as he was not successful in improving his degree from second division to first division by obtaining at least 60% in aggregate marks in M.A. Part I and II examination in the same subject. 8. In the result, the petition fails and is dismissed with no order as to costs.