JAI BAHADUR SINGH Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by one Jai Bahadur Singh under Art. 226 of the Constitution of India.

(2.) IT has been stated by the applicant that he is a student of law studying in the LL. B. (Final) in the Law College at Jaipur, which is affiliated to the University of Rajputana, and that during the academic year of 1951-52 in all 383 lectures were delivered by the College, out of which the applicant attended 258 lectures, which works out at 67% of the total number of the lectures delivered. The attendance of the applicant was short by less than 10%, and was within the condonable limit prescribed by Ordinance 145 passed by the University of Rajputana. His case was referred to the Vice-Chancellor of the University by the Principal of the Law College on two occasions, firstly, on the 14th of April, 1952, and then on the 16th of the same month, but the Vice-Chancellor, without referring the case to the Syndicate, refused permission to the applicant to appear at Examination held in the year 1952 saying that the attendance of the applicant was not within the condonable limit prescribed by the rules of the University. The calculations made by the authorities in this case were done separately in each paper, and according to rules, it is said, the authorities should have calculated the attendance in aggregate. In the paper of Mahomedan Law, in all 73 lectures were delivered, out of which the applicant attended only 42. IT is further stated that from the 3rd of April, 1952, upto the 14th of April, 1952, extra lectures were delivered in the College on the subject of Mahomedan Law, which were attended by the applicant, and if these lectures are taken to be at the rate of four lectures per day for six days, the total number of lectures would work out at the figure of 24. If this number is taken into account, the attendance of the applicant would not be found short beyond the condonable limit. IT is urged that under Ordinance 145, it was the duty of the Vice-Chancellor to refer the matter to the Syndicate, and it was not within the scope of the powers of the Vice-Chancellor to turn down the reference made by the Principal for condoning the shortage in the percentage. IT is prayed that a writ or direction be issued to the University of Rajputana directing them to refer the matter to the Syndicate, and to arrange to hold an Examination in law for the applicant immediately.