Back
HIGH COURT OF CALCUTTA
Sinha
TAPENDRA NATH ROY - Appellant
Versus
UNIVERSITY OF CALCUTTA - Respondent
Suit 81 Of 1953
Decided On : SEPTEMBER 09, 1953
UNIVERSITY REGULATIONS - BACHELOR OF SCIENCE EXAMINATION - PASSING MARKS - INTERPRETATION OF RULES - POWER OF SYNDICATE TO MODIFY RULES - WRIT OF MANDAMUS.
Fact of the Case:
The petitioner, a student of Surendranath College, appeared for the Bachelor of Science Examination in 1953 and obtained passing marks in Mathematics, Physics (both theoretical and practical), and Chemistry (theoretical). However, he fell short of the passing marks in Chemistry practical by 8 marks. The University declared him eligible only for a Compartmental B. Sc. Examination, directing him to appear in both theoretical and practical Chemistry. The petitioner challenged this decision, arguing that under the University's rules, he had passed the B. Sc. Examination.
Finding of the Court:
The court held that the petitioner had passed the B. Sc. Examination as per the University's rules. It interpreted Rule 6 of Chapter XXXVI of the Calcutta University Regulations, which dealt with the passing marks required in various subjects, to mean that a candidate must obtain 60 marks in the theoretical papers and 40 marks in the practical papers in any subject to pass the Pass Course. The court rejected the University's argument that the Syndicate had the power to modify or alter this rule by allocating the 5% exemption limit differently between the theoretical and practical portions of a Science subject.
Issues: 1. Whether the petitioner had passed the B. Sc. Examination according to the University's rules. 2. Whether the Syndicate had the power to modify or alter Rule 6 of Chapter XXXVI of the Calcutta University Regulations.
Ratio Decidendi: 1. The court interpreted Rule 6 of Chapter XXXVI of the Calcutta University Regulations to mean that a candidate must obtain 60 marks in the theoretical papers and 40 marks in the practical papers in any subject to pass the Pass Course. The court held that the petitioner had obtained the required marks in all subjects, including Chemistry, and therefore had passed the B. Sc. Examination. 2. The court held that the Syndicate did not have the power to modify or alter Rule 6 of Chapter XXXVI of the Calcutta University Regulations. It reasoned that the Syndicate's powers were limited to conducting the affairs of the University in accordance with the Act of Incorporation, the Indian Universities Act, the Regulations, and the resolutions of the Senate and the Syndicate. The court found that the Syndicate's resolution to allocate the 5% exemption limit differently between the theoretical and practical portions of a Science subject was an alteration of Rule 6 and was therefore invalid.
Final Decision: The court issued a writ of mandamus directing the University to declare that the petitioner had passed the B. Sc. Examination and to issue him the necessary certificates.
( 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 : . Marks Obtained Full marks.
Mathematics (Pass) 225 300
Physics (Pass)
Theoretical 125 200
Practical 57 100
. 182
Chemistry (Pass).
Theoretical 93 200
Practical 32 100
. 125
. . 532 900
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.
( 4 ) I now come to the 'general' rules appearing at the end of Chapter XXXVII of the Regulations at pages 418-419. Rule 1 is as follows:"1. A candidate must obtain, in order to pass in the Pass Course Mathematics - 100 marks Any other subject - 60 marks in the theoretical papers 40 marks in the practical papers. "rule 6 is of utmost importance and runs as follows :"6. Any candidate who has failed in one subject only, by not more than 5 per cent. of the full marks in that subject, and has shown, merit by gaining 50 per cent. or more in the aggregate of the marks of the examination, shall be allowed to pass. If any such candidate has taken up the Pass Course in three subjects he shall not be declared to have passed with distinction. But if the candidate has taken up the Pass Course in two subjects and Honours Course in one subject and has attained the Honours standard in such subject, he shall be allowed to retain his Honours and is placed in the Honours List. "
( 5 ) UPON a plain reading of these Rules it appears quite clear that the petitioner has passed the B. Sc. Pass Course Examination. As has been stated above, he has obtained more than 100 marks in Mathematics. In Physics he has obtained more than 60 marks in the theoretical and more than 40 marks in the practical. In Chemistry he has obtained more than 60 marks in the theoretical but in the practical paper is 8 marks short. He has also gained more than 50 per cent, in the aggregate marks of the Examination. The full marks in Chemistry is 300 and, therefore, 5 per cent. of it would be 15 marks. The actual shortfall of t
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
