University authorities must act in accordance with the provisions of the university ordinances and cannot grant mercy chances beyond the limits set by those ordinances.

1. - The petitioner in this case claimed the relief of a mercy chance in final year M.B.B.S. and the contention of the learned Counsel for the petitioner is that at any rate because it is the practice in the university to allow mercy chances, the petitioner should not be and could not be discriminated and a fifth chance to which he describes as 'Mercy chance' should have been allowed to the petitioner in one remaining paper of final year M.B.B.S.

2. There is no dispute that the Ordinances which applicable to the case of the petitioner and others like him are 0.275-A and that may read as under:

"At the expiry of each period of four attempts including the examination at which the candidate appeared in all the subjects prescribed for the examination another period of the same duration will follow during which the provisions of Ordinance 275 above shall be applicable as regards passing the examination.
N.B. - For the purpose of this Ordinance actual attempt availed of by the candidate will be taken into account provided that the cancellation of examination for using unfair means shall be treated as an attempt.

3. A perusal of the above extracted Ordinance will show that a candidate in 2nd year or final year M.B.B.S. examination is entitled to have four attempts including the examination at which he first appeared to clear all the papers. But if he is unable to clear all the papers in four attempts, then he shall have to appear in all the papers and all the subjects at the time when he next appears at the examination. This is to be repeated which means that if after having made four attempts in any of the aforesaid three examinations a candidate is unable to pass in all the papers, he has to appear in whole of the examinations and if he again fails in some of the papers, then he has is entitled to have a chance. Thus, there is a mandate contained in the aforesaid Ordinances 275 and 275-A of the University of Rajasthan that in case a candidate does not pass all papers in four attempts, then he must take the whole examinations. The contention of the learned Counsel for the petitioner is that there has been a practice in the University and the Vice Chancellor in exercise of discretionary powers has been allowing fifth and sixth chances to failed candidates. In support of his contention learned Counsel has referred to a few instances also and it may be stated at the very out set that from the instances cited by the petitioner in his petition as well as in rejoinder it appears that some mercy chances have been given to some of the candidates in some of the examinations. But it can be said that more attempts than four were allowed by the V.C. against any provision of the Ordinance. I have already extracted Ordinance 275-A in the earlier part of this order and is said earlier that a bare reading of Ordinance will show that no more than four attempts to clear any part of the examination can be allowed. If the statutory provision as as it is, even the V.C. has no powers to grant any mercy chance and it appears to be reason that because of wrong or colourable exercise of powers and in view of the specific men date of the Ordinance making authority contained in Section 275 and 275-A that one who is unable to clear any examination in one attempt than he will appear in whole of the examination, the V.C. in few cases allowed mercy chances, the matter was considered by the authorities of the University including the Syndicate and a decision was taken that no mercy chance shall be given to anybody. In this connection a reference may be made to the reply filed on behalf of the University and more so to the additional pleas. In para 2 it has been stated that the faculty of medicine and pharmaceuticals in its meeting held on 15th December 1990 resolved to recommend that no mercy chance be given by the University for passing any examination of the Faculty of Medicine. This recommendation of the Faculty was placed before the Academic Council in it