SETHURAMAN J :- This is an appeal from the judgment of Mohan J. declining to admit W. P. 4440 of 1976. The petitioner was a student of Loyola School, Trivandrum and had appeared for an examination conducted by the Council for the Indian Schools Certificate Examination, New Delhi. In the said examination, the petitioner had obtained over 40 per cent of marks in all subjects except Mathematics in which he had secured 35 per cent. The authorities conducting the said examination, issued a certificate to the petitioner stating that he had passed the said examination. The petitioner applied for admission to two institutions, namely, Mar Ivanios College, Trivandrum affiliated to the Kerala University and also to the Scott Christian College, Nagarcoil affiliated to the Madurai University. He got admission first from the College at Trivandrum and he paid the sum of Rs. 175 for the first term fees. Subsequently he got an admission card from the Scott Christian College, Nagarcoil. After getting a transfer certificate from the Mar Ivanios College, Trivandrum, the petitioner joined the Scott Christian College said to be nearer his house, paying a sum of Rs. 200 towards fees etc. He joi