KUNWARI INDRA BAJAJ Vs. AGRA UNIVERSITY

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India. The facts which give rise to this petition are as follows:

(2.) The petitioner is a woman residing within the territorial limits of the Agra University, She appeared at the M.Sc. Previous Examination in Chemistry of the said University which was held in the month of March, 1955 as a woman private candidate. She was not able to secure pass marks in the theory, papers, though she passed the practical examination. In the result she was declared to have failed in the M.Sc, Previous Examination in Chemistry. With a view to taking the M.Sc. Previous Examination again in March, 1956, the petitioner became a casual student of Agra College for the purpose of doing practical work in that College in the subject of Chemistry. On 12-9-1955 she submitted an application form for admission to the Previous Examination in Chemistry to be held in March, 1956. She was informed by the Assistant Registrar (Examinations) that her application could not be allowed in view of the alterations effected in the old Statutes. The petitioner submitted in her petition that she was entitled to sit for the Previous M.Sc, Examination in Chemistry in March, 1956. This Court issued an interim order permitting her to sit for Examination. I understand that she has sat for the M.Sc. Previous Examination.

(3.) The question to be determined in this petition is whether the petitioner was entitled to sit for the Previous M.Sc. Examination in Chemistry In March, 1956. It is admitted by Dr. Astha-na, who appears for the Agra University, that, but for the alterations that had been effected in the Statutes by the Governor of Uttar Pradesh in the exercise of powers conferred by the first proviso to Sub-section (2) of S. I, Agra University (Amendment) Act, 1953 (U. P. Act No. 31 of 1953), the petitioner was entitled to sit for the M.Sc. Previous Examination in March, 1556 in Chemistry.