UNIVERSITY OF RAJASTHAN Vs. PANKAJ RANI BAJAJ

JUDGEMENT

(1.) THIS appeal involves interpretation of certain Ordinances of the University of Rajasthan and arises out of the following facts. The respondent -plaintiff Pankaj Rani passed her First Year T.D.C. Examination in Science (Biology) from the University of Jodhpur in the year 1970 -71, with two compulsory subjects General English and Genetal Hindi. Thereafter she sought admission to Second Year T.D.C in Maharani's College, Jaipur affiliated to the University of Rajasthan, Jaipur and appeared at the Second Year T.D.C. Examination of that University in 1972. However, she did not pass and was required to appear at a supplementary examination in Zoology, Accordingly she appeared at the Supplementary Examination in that subject but her result was withheld, as, according to Ordinance 218 of the Rajasthan University it was necessary for her to pass in one more compulsory subject prescribed for First Year T.D.C. Examination. As already stated above, Pankaj Rani had only two compulsory subjects when she passed the First Year T.D.C. Examination of the University of Jodhpur. Even though her result of the Second Year T.D.C Examination was not declared, yet she was admitted to the Triad Year T.D.C. Class of the Maharam's College. When the fact of her admisson to Third Year T.D.C Class came to the knowledge of the University Authorities, a letter dated 27 -10 -1972 marked Ex. 1 was addressed to Pankaj Rani informing her that since she had failed to clear one additional compulsory subject, her result of Second Year T.D.C Examination had been withheld and that she was not eligible for admission to the Final Year T.D.C class. On receipt of the letter, the plaintiff apprehended that her admission may be cancelled, and consequently she filed the present suit in the Court of Munsiff (East), Jaipur City, Jaipur on 30 -10 -1972 praying that a mandatory injunction be issued against the University of Rajasthan directing the latter to allow the plaintiff to appear at the Third Year T.D.C. Examination of 1973.

(2.) THE suit was resisted by the defendants the University of Rajasthan, its Vice -Chancellor, its Registrar and the Director. Maharam's College, who pleaded inter alia that according to the Ordinances of the University the plaintiff was not entitled to get admission to Third Year, T.D.C class unless the had cleared the Additional Compulsory subject.

(3.) NOW coming to the merits of the case learned Counsel for the University has urged that Ordinance 86A(1)(i) has been erroneously interpreted by both the lower courts and in order to lend force to his submission he has further referred to Order 86A(5) (i), Order 87, and note 4 to Order 218. In order to to appreciate the point, it would be proper to reproduce in extenso the aforesaid provisions: