A statutory body like the Syndicate of a University is amenable to a writ of mandamus from the High Court in exercise of its special jurisdiction under Article 226 of the Constitution, if it acts arbitrarily or without due care in performing its statutory duties.

NARASIMHAM, J.

( 1 ) THE petitioners are all students of the 2nd year M. B. B. S. , Class of Shri ramachandra Bhanj, Medical College, Cuttack. They appeared for the 1st m. B. B. S. , examination of the Utkal University in Anatomy and Physiology in april 1951. The examination in Anatomy consisted of three parts, namely, (1) written (2) oral and (3) viva voce. The written examination consisted of two papers and it was held on the 9th and 10th April 1951. The practical examination was held on the 19th April, 1951 and the viva was held on the 28th April. The examinations were conducted by a Board of examiners which submitted the results to the Sydicate on the 21st April 1951. The Syndicate, instead of approving and publishing the results, passed the following resolution on that date.

"resolution No. 336: Considered the information received from the vice-chancellor in connection with the First M. B. B. S. , examination in anatomy held on the 9th April, 1951 and on subsequent days and in this connection examined (1) Sri Bhairab Chandra Mohanty (2) Dr. R. K. Mohanty and (3) Dr. S. M. Baner. Resolved -- That after inquiry, the Syndicate is satisfied that there has been leakage of questions in Anatomy and that the result in anatomy Examination be cancelled and that another examination in the subject be held commencing from the 7th May 1951. "

(This resolution will be referred to as the impugned resolution hereinafter in this judgment.)

( 2 ) THE decision of the Syndicate was immediately notified to the students who thereupon filed a representation before the same Body for a reconsideration of the previous decision. The Syndicate considered this representation in another meeting held on the 28th April 1951 and passed the following resolution.

"resolution No. 343 : Considered an application dated nil from the examinees of the First M. B. B. S. examination held in April 1951 forwarded by the Principal, S. C. B. Medical College, Cuttack, with his memo. No. 1200, dated the 26th April, requesting not to hold a fresh examination in Anatomy and to publish the results. Resolved -- That the earlier decision of the Syndicate be not altered and that only the date of the examination be fixed for the 4th June 1951 at 8 a. m. "The petitioners felt aggrieved by the said decision of the Syndicate and have applied to this Court for the exercise of its powers under Article 226 of the constitution praying for the issue of writ of mandamus directing the Syndicate to publish the results of the 1st M. B. B. S. , examination as reported by the Board of Examiners. The Syndicate, through its Vice-Chancellor, has entered appearance and urged that it exercised its powers 'bona fide' in conformity with the legal provisions relating to the control of examinations and that consequently this Court had no jurisdiction to grant the prayer of the petitioners.

( 3 ) THE Utkal University is a corporate Body created by an Act of Orissa legislature known as the Utkal University Act, 1943 (Orissa Act XIII of 1943 ). Under that Act (See Section 8) the supreme governing body of the University is the Senate which consists of elected and nominated Fellows. The chief administrative Body of the University is however the Syndicate (consisting partly of persons elected by the Senate and partly of officials) which is entrusted with the responsibility for controlling all examinations of the university (See Section 9 (6) ). Provision is also made (See Section 7) for the post of a Vice-Chancellor with well defined statutory powers. He is required to preside at the meeting of the Senate and the Syndicate. The Governor of Orissa is appointed ex-officio the Chancellor of the University and he is given the power of annulling any proceeding of the University which is not in conformity with the Act or the Statutes framed thereunder (See Section 5 (6) ). The Act empowers the Senate (subject to the approval of the Government) to frame statutes for carrying out the provisions of the Act. Chapt