The petitioners case is that he was admitted to the First Year B.E. Class of the Engineering College at Jodhpur in July, 1961, and was promoted to the Second Year Class in July, 1962. About the same time in 1962, the University of Jodhpur was established under the Jodhpur University Act, 1962 and the Engineering College which was initially affiliated to the University of Raj-asthan at Jodhpur became part and parcel of the Jodhpur University. In April, 1963, the petitioner appeared at the Second Year B E. Examination and secured over 55 per cent marks in the aggregate but failed in one of the papers being Mathematics Second. By Regulation No. 38 of these Regulations, it was provided that if a candidate secures an aggregate of 55 per cent marks but fails in one written paper only at an examination except the First Year B. E. Examination, he shall be permitted to keep terms in the next higher class and to appear and pass in the paper in which he has failed along with the next higher examination. As the petitioner fulfilled the conditions of the aforesaid regulation, he was permitted to keep terms in the Third Year Engineering Class in 1963. At a supplementary examination held in Augus

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