GAUHATI UNIVERSITY Vs. SAILESH RANJAN DEB

JUDGEMENT

(1.) THIS matter comes in revision under Rule 36 off the Rules for Administration of Justice and Police in the Khasi and Jaintia Hills in the Province of Assam, - - directed against the judgment and decree passed in an appeal by the Deputy Commissioner, Khasi and Jaintia Hills, affirming the decree passed in Suit No. 86 of 1950 by the Assistant to the Deputy Commissioner at Shillong.

(2.) SAILESH Ranjan Deb, opposite party in this rule, brought a suit in the Court of the Assistant to the Deputy Commissioner, K & J Hills for a declaration that he had passed the B. T. Examination, of the Gauhati University held in the year 1949 and prayed for an injunction to that effect to be served on the Gauhati University authorities to publish his name in the list of successful candidates of the aforesaid year and claimed damages for Rs. 500/ - for wrongful exclusion of his name from the list of successful candidates. The learned Assistant to the Deputy Commissioner decreed the plaintiff's suit and allowed damage to the extent of Rs. 500/ - against the Gauhati University and issued injunction as prayed for. The University preferred an appeal against the said decree in the Court of the Deputy Commissioner, Shillong, who dismissed the appeal and affirmed the decree passed by the trial Court. The facts of the case are elaborately discussed in the judgments of both the Courts and we need therefore give only a short resume.

(3.) THE Courts below were correct in interpreting the rules and in holding that what was contemplated by Rule 14 was that the candidate in order to pass, should obtain 40 per cent, marks in each of the compulsory subjects and it does not speak of 'subjects', if, I might use that word, constituting any of the compulsory subjects. Geography when taken as one of the school subjects under item (4) what is provided under Rule 7 is that it will be considered as equivalent to two subjects - - and the candidate will be required to take only one more subject out of the list of thirteen items given therein and necessarily there -would be two half papers on Geography.