Hon’ble A.P. Sahi, J.—The petitioner has prayed for a direction to the respondent-University to declare the results of the B.Ed. Examinations (Degree Course) of the petitioner by way of an amendment. The petitioner has also prayed for quashing of the order dated 19th/30th November, 2010 which is in shape of a communication by the Registrar informing the petitioner that his results for the B.Ed. Examinations, Session 2007-08 (3rd phase) cannot be declared as the petitioner has completed two degree courses simultaneously in the same academic session. It has been indicated that according to rules the petitioner will be entitled for a B.Ed. Degree Course provided his results of Post Graduation which he had completed in the year 2008 are cancelled. The amendment application has been allowed by a separate order and the learned counsel for the University had been called to obtain instructions and assist the Court in the matter.

2. Learned counsel for the University has placed before the Court a copy of the order which is impugned through the amendment application and also the extract of Chapter IV of the Ordinances relating to examinations in general. Relying upon Ordinance No. 4, learned counsel for the University submits that the impugned order does not call for any interference nor can a mandamus as prayed for by the petitioner be granted.

3. The petitioner was a student of M.Sc. Course in Murli Manohar Town. Post Graduate College, Ballia affiliated to the Veer Bahadur Singh Purvanchal University, Jaunpur. While he was a student as above, applications were invited for entrance examinations from qualified candidates for the B.Ed. Degree Course to be held by the Chhatrapati Shahu Ji Maharaj University, Kanpur. The petitioner appeared in the entrance examination while he was a student of M.Sc.. The petitioner passed his M.Sc. Examination in the year 2008 and he was issued a mark-sheet on 25.9.2008.

4. The results of the Entrance Examination were declared in the year 2009 and the petitioner was called for counselling on 27th February, 2009. He was granted admission in the B. Ed. degree course in the College of Professional Education Sisauli Garh Raod, Meerut on 20th March, 2009, whereafter he started pursuing his course. The examinations were held in March, 2010 and the practicals were held in September, 2010. The results were declared but the petitioner’s result was withheld for the reasons as now indicated in the order impugned. Hence, this petition.

5. I have heard learned counsel for the petitioner and the learned counsel for the University and in view of these undisputed facts, this Court does not find it necessary to further adjourn the matter in order to grant any further time for filing counter-affidavit as no disputed facts are involved. The respondent No. 3 has not contested this petition.

6. Learned counsel for the University submits that the petitioner appeared in the Entrance Examination of B.Ed. while he was pursuing his M.Sc. Course and, therefore, in view of the Ordinance No. 4 of Chapter IV, he is not entitled to the declaration of his results unless his results of the Post Graduation are cancelled. Reliance is placed on the said ordinance which is quoted below:

“Ordinance No. 4 of Chapter IV.—No candidate shall be allowed to work for two degrees of the University simultaneously unless specifically provided in the statutes and ordinances.”

7. It is contended that the academic session being one and the same, namely, 2007-08, the petitioner cannot be extended the aforesaid benefit.

8. In reply Sri. S.P. Pandey submits that it is true that the academic session for which the B.Ed. Entrance Examination was held by the Kanpur University was 2007-08. The petitioner has however been admitted in a College affiliated to the Meerut University through an Entrance Examination conducted by the Kanpur University. He therefore submits that the ordinances of the Meerut University would not be applicable.

9. He further contends