Interpretation of Rules and Regulations in the spirit of meeting the needs of the petitioner and condoning delay due to illness.

MOTILAL B. NAIK, J.

( 1 ) THIS Writ Petition is filed seeking a Mandamus for a declaration that the petitioner is eligible and entitled to appear for the examination of engineering Drawing test in the Trade of Fitter of I. T. I. , and a consequential direction to the respondent to permit the petitioner to appear for the said examination to be held in the month of July, 1993, or on any subsequent date.

( 2 ) IT is the case of the petitioner that for the year 1985-86 he secured seat in the 1st respondent-Institution in the Trade of Fitter and completed the course by July, 1986. Though he appeared for the final examination in July, 1986, he failed in one subject viz. , Engineering Drawing test and, therefore, he was preparing to appear for the next ensuing examination. Unfortunately, he fell sick due to Polio and was under the treatment of a Government Doctor from January, 1987 onwards. After obtaining the Medical Certificate from the Government Doctor in June, 1993, he approached the respondent to permit him to appear for the examination, who stated that the Rules of the Institution do not empower him to do so. Therefore, he filed this writ petition.

( 3 ) ON the other hand it is the case of the respondent that in terms of the Rules, the petitioner is bound to complete the Course by July, 1989, that is to say a period of three years is available to a person who intends to complete his course. Since the petitioner did not complete his Course within the said period this Court cannot grant relief by exercising its extraordinary jurisdiction under Article 226 of the Constitution of India.

( 4 ) THOUGH Rules and Regulations are made by the Statute, the same have to be interpreted in the right spirit keepingin view the peculiarities of a given case. The Supreme Court in State of Karnataka vs. Appa Balu Ingale dealing with the subject of interpretation of Statutes, held at para 35 as follows:-"the Judges, therefore, should respond to the human situations to meet the felt necessities of the time and social needs, meaningful right to life and give effect to the Constitution and the will of the egislature. "indisputably, Rules and Regulations are made for facilitating proper administration to the citizens of the country. In a case of this nature, sticking to mere technicalities, a genuine cause cannot be allowed to be defeated. It is obligatory also on the part of the Courts to interpret the provision of an Act as intended by the Legislature in its true spirit. In this case, though the provision contemplates three years period as the limit for a failed person to make his attempt in order to reach the final object, in view of the fact that the petitioner fell sick due to Polio and was under treatment, it is rather highly impossible for the petitioner to prepare himself for the final examinations. In the peculiar circumstances of this case, I am clearly of the view, as opined by the Supreme Court, that the Rules and Regulations have to be interpreted to meet the needs. The reasoning given by the petitioner is sufficient to condone the delay. Therefore, the case of the petitioner needs special consideration.

( 5 ) UNDER these circumstances, the respondent is directed to accept the application of the petitioner as and when it is filed and allow him to appear for the examination which he seeks to appear. Technicalities shall not come in the way of the petitioner completing his Course, so that he can seek gainful employment somewhere in the near future; which will redeem him from the feeling of dependency.

( 6 ) THE Writ Petition is accordingly allowed at the stage of admission.

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