The Rules of the High Court at Calcutta relating to Applications under Article 226 of the Constitution, specifically Rules 4 and 5, bar the Court from entertaining a writ petition in the Appellate Side if all the respondents and the records are within the Original jurisdiction of the High Court.

( 1 ) THIS is an application by the appellant/petitioners, who were Respondents in the original proceeding (hereinafter referred to as the said petitioners), for stay of an order dated 25th September, 1984, passed in that proceeding. By such order the learned trial Judge, has directed the authorities of the said petitioners to hold a supplementary examination for those candidates who passed in Part II Examination but failed in Part I Examination and lost their chances. Such examinations may be held a long with the supplementary examination to be held for Part II candidates by changing the date of examination or by holding a separate examination as may be convenient to the University preferably within December, 1984. It is observed that if possible both the special examination for part I and part II should be held simultaneously and while making such order, the learned trial Judge, also refused to stay the operation of his order.

( 2 ) THE writ petitioners while moving this Court for a Rule stated that petitioner No. 1 Sri Shyamal Kumar Das appeared for B. Com. Part I Examination in 1979-80 but could not pass in Bengali, Economics and Accountancy Group. He sat both in Part I and Part II Examination in B. Com. In 1980 under revised regulations in old course and passed in all subjects in Part II, but could not clear out papers in which he failed in Part I Examination. It was the case of the petitioner No. 2. Sri Sujit Sinha that he also appeared for B. Com. Part I Examination under old course in 1979-80 but failed in English, Economics and Accountancy Group. Under revised regulations in old course, he sat for both Part I and Part II Examination in B. Com. In 1981 and passed in all the subjects of Part II but could not clear the back subjects in Part I and so far as petitioner No. 3 Shri Ashis Kumar Dey, it was claimed that he appeared in B. Com. Part I Examination under old course 1979-80, but could not pass in any of the subjects. He appeared under revised regulations under old course and sat both in Part I and Part II Examination of B. Com. in 1981 and passed in all the subjects in Part II but could not pass in Part I in the back subjects.

( 3 ) IT was further claimed by the petitioner that the University of Calcutta has introduced new regulations for the Degree Course Examination in B. A. , B. Sc. And B. Com. both in pass course and Honours from the Academic session of 1978. Under the new regulations, to state in short, the systems of two year's pass course and three year's honours course have been introduced. As a result of the introduction of the new regulations as aforesaid, the studies and examinations under the old courses and regulations for B. A. , B. Sc. And B-Com. of said University have come to an end long ago, save and except the relaxations made in the University regulations from time to time to hold examinations under old regulations/courses in B. A. , B. Sc. , and B. Com. to provide opportunities for students thereof and it was also claimed that the general rule under the old regulation in the respective streams of arts, science or commerce degree examinations was three chances both in part I and II. These petitioners have also claimed that they took admission in the First year B. Com. course (Old Regulation) in 1976 and under such Regulations they were due to sit in Part-I Examination in 1978 and consequently in Part II in 1979.

( 4 ) IT has been stated that the authorities of the said petitioner No. 1, notified on 31st May 1984, the Part-II of B. A. , B. Sc. and B. Com. , Special examinations under the old course, for the candidates who passed in Part-I examination and were eligible to appear at such examinations in 1982 (under old course), in terms of a Circular dated 2nd July 1981, issued by the University of Calcutta, but for some reasons or other did not appear or could not get themselves enrolled or could not pass the concerned Part-II examination in 1982, would be held in 1984 and more particu