TAPENDRA NATH ROY Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) This is a rule issued upon the respondent to show cause why an order in the nature of a writ of mandamus or any other appropriate writ should not be issued by this Court cancelling or quashing the order under which the petitioner has been made eligible only to sit for a Compartmental B.Sc. Examination, or why an order in the nature of a writ of mandamus or any other appropriate writ should not be issued directing the respondents to declare that the applicant has passed the B.Sc. Examination held in 1953, and for other reliefs.

(2.) The facts are shortly as follows. The petitioner was sent up by the Surendranath College, a College affiliated to the Calcutta University, for the Bachelor of Science Examination for the year 1953. He duly appeared therein, in three subjects, namely, Mathematics, Physics and Chemistry. The marks obtained by the petitioner in the said examination are as follows : <FRM>JUDGEMENT_141_AIR(CAL)_1954Html1.htm</FRM> The petitioner has not been declared to have passed the B.Sc. Examination but has been made eligible for the B.Sc. Compartmental Examination, 1953. He has been directed to appear both in the theoretical and practical examination in Chemistry.

(3.) According to the petitioner, under the Rules and Regulations prescribed by and for the said University, he is entitled to be declared as having passed the B.Sc. Examination. The relevant rules bearing on the subject are as follows. The regulations relating to the degree of the Bachelor of Science are to be found in Chapter XXXVI of the Calcutta University Regulations (1951 Edn.). Under Rule 6, every candidate shall be examined in three of the 11 subjects therein, selected by himself. They include the following subjects : I. Mathematics. II. Physics. III. Chemistry. The subject "Chemistry" is dealt with at page 373, and under that heading are set out various courses, namely, the pass course--theoretical and practical, and the Honours course--theoretical and practical. It is quite clear, therefore, that the word 'subject' means the subject of chemistry and includes theoretical as well as practical papers. In fact, Mr. Chaudhury appearing on behalf of the respondents has conceded this.