JUDGMENT - P.S. PATANKAR, J.: Civil Application No. 2871 of 1999 filed by the petitioner is placed on board for orders. The civil application has been filed praying that the result of the petitioner in respect of LL.B. Part II ((Three-Year Degree Course) Examination held in the month of April/May, 1999 be declared and the petitioner may be provisionally admitted to LL.B. Part III (Three-Year Degree Course). However, by consent of the learned Counsel for the parties, the petition is heard finally. 2. A few facts leading to this petition are as under: 3. The last date prescribed for acceptance of the application form for admission to examination in LL.B. Part II (Three-Year Degree Course) was 5th January, 1999. The petitioner on 14th January, 1999 submitted his form to respondent No. 2, the Principal of the College, for forwarding it to respondent No. 1, the University. But respondent No. 2 declined to accept it as the last date was over. The petitioner then tried to submit it along with late fee on that date on respondent No. 2 under Clause 10 of Ordinance No. 6 of the University. But it was not accepted. The petitioner again approached respondent No. 2 on 18th January, 1999 requesting him to accept the form and send it to respondent No. 1 with late fee. But it was not accepted. The petitioner again approached respondent No. 1. But respondent No. 1 expressed its inability to accept it as it was not endorsed by respondent No. 2. Then the petitioner again made such attempt, but failed. 4. The petitioner thereafter entered into correspondence with respondents Nos. 1 and 2 pleading to accept the form of the petitioner as otherwise he would be losing one year. The petitioner pointed out that with late fee his form can be accepted. But respondents Nos. 1 and 2 were not prepared to accept it on the ground that the said provision of acceptance of form, within fifteen days after the last date, with late fee is not applicable for regular students, but only in case of repeaters, etc. As a last resort, the petitioner has filed this petition under Article 226 of the Constitution of India for a direction to strike down the action of respondent No. 2 not to accept the form submitted on 14th January, 1999 and to forward it to respondent No. 1. As a last resort, the petitioner has filed this petition under Article 226 of the Constitution of India for a direction to strike down the action of respondent No. 2 not to accept the form submitted on 14th January, 1999 and to forward it to respondent No. 1. He has further prayed that he may be permitted to appear for the examination commencing on 20th April, 1999. The petitioner has pointed out in the petition earlier precedent of acceptance of form of regular student by name Omari A. Arthur with late fees. 5. This Court on 31st March, 1999, by way of interim relief, permitted the petitioner to appear for the examination, but his result was not to be declared. Accordingly, the petitioner appeared for the examination. 6. The short question that arises for our consideration is whether a regular student can avail of the benefit of submitting his examination form after the last date, but within fifteen days thereafter, with late fee? The learned Counsel for the petitioner contended that the provisions of Ordinance No. 6 and Ordinance No. 51 promulgated by respondent No. 1 are clear and the benefit thereof is available to all the students including the regular students. This has been disputed by the learned Counsel for the respondents, contending that the benefit is only available to repeaters, etc. and not to regular students. 7. The provisions relied upon by the learned Counsel for the petitioner are as under: “Ordinance No. 6: Examination in General: Clause 10: Application forms received after the prescribed date shall not be accepted. Provided firstly, that candidates who are unsuccessful at the October/November examinations may submit their application forms for admission to the corresponding examinations to be held in March/April within a period of 15 days from the date on which their results of the said examinations are announced: Provided secondly, that any person may apply for admission to the examination within 15 days from the last date so prescribed on payment of a late fee of Rs. 10/-. 10/-. Ordinance No. 51: Examinations Leading to the Degree of Bachelor of Laws (LL.B.) Clause No. 4: Without prejudice to the other provisions of Ordinance No. 6 relating to the examinations in general, the provisions of paragraphs 5, 8, 10 and 32 of the said ordinance shall apply to every collegiate candidate.” The prospectus issued by the Nagpur University (Faculty of Law) makes mention to the above provisions. As against this, the learned Counsel for the respondents relied upon the application form prescribed for the examination by the University. It mentions: “Last dates of submitting applications for admission to University Examinations. ---------------------------------------------------------------------------------------------------------- Serial Category Last date without Last date with No. Late Fee Late fee of Rs.15/- ----------------------------------------------------------------------------------------------------------- 1. College Students: For Summer .... (i.e. last date for sub- 5th January .... mission of form to Uni- For Winter .... versity Office by the 5th August. College) 2. *External Candidates/** For Summer For Summer Ex-Students (Old Failures): 15 October 15th November For Winter For Winter 15th May 15th June 3. Failures of Last Preceding Within 15 days Within next Summer OR Winter from the date of 15 days. Examinations declaration of result of that Exam. * “External Candidate” means a candidate who is allowed to take University Examination in accordance with the provisions of Ordinance No. 151. ** “Ex-Student” is a person, who, having once been admitted to an examination of this University, is again required to take the same examination, by reason of his failure, or absence threat.” ----------------------------------------------------------------------------------------------- The learned Counsel for the respondents contended that the form makes it clear that extension of last date with late fee for submitting the form cannot be availed by a regular student. It can only be availed by external or by repeater, etc. 8. First, in our opinion, the form presented for examination cannot override the provisions of ordinance promulgated by the University. The examination form should be in consonance with the provisions of ordinance. If Clause 10 of Ordinance No. 6 is construed plainly, then, it is clear that the forms submitted after the prescribed date are not to be accepted. But the first proviso provides that the unsuccessful students may submit the forms within a period of fifteen days from the date on which their results are announced (Emphasis supplied). This is without making any payment of late fee. But the first proviso provides that the unsuccessful students may submit the forms within a period of fifteen days from the date on which their results are announced (Emphasis supplied). This is without making any payment of late fee. But the second proviso says that any person (Emphasis supplied) may apply for admission to examination within fifteen days from the last date prescribed on payment of late fee of Rs. 10/- (now Rs. 15/-). Thus, the second proviso speaks about acceptance of form with late fee. Obviously, this proviso is plain and if full effect is given to it, then, it is clear that this facility can be availed of by any student. It is not limited to those, who have failed in the examination or repeaters or ex-students. The import of the said proviso cannot be curtailed by prescribing anything in the examination form. The second proviso does not depend upon the first proviso or takes colour from it. They are two independent provisos to the main clause. The purpose of this Clause is clear and unambiguous. It is clear that the facility is extended by the second proviso to all the students, who fail to adhere to the last date, but by imposing a small fine. This is also clear from Clause 4 of Ordinance No. 51. It also says that Clause 10 of Ordinance No. 6 is applicable to every collegiate student. The provisions made by the prospectus, issued by the University, also make mention to this, the University are taken into consideration. 9. In view of this, we pass the following order: (1) The respondent No. 1 is directed to make the necessary amends in the form prescribed for the examination in the light of what is stated in this judgment. (2) The respondent No. 2 to accept the form of the petitioner for LL.B. Part II (Three-Year Degree Course) Examination with late fee and send it to respondent No. 1. (3) The result of the petitioner for LL.B. Part II (Three-Year Degree Course) Examination be declared. (4) If the petitioner gets through the said examination, then he be permitted to join LL.B. Part III (Three-Year Degree Course). (5) If the petitioner fails in the examination, then he may be continued to join for LL.B. Part III (Three-Year Degree Course), if there is such a provision permitting a failed student to continue for LL.B. Part III. (4) If the petitioner gets through the said examination, then he be permitted to join LL.B. Part III (Three-Year Degree Course). (5) If the petitioner fails in the examination, then he may be continued to join for LL.B. Part III (Three-Year Degree Course), if there is such a provision permitting a failed student to continue for LL.B. Part III. (Three-Year Degree Course). Petition disposed of accordingly. No order as to costs. In view of the disposal of the petition, no orders are necessary on the civil application. Order accordingly -----