( 1 ) THE petitioner in this case is pursuing B. A, Three Year Degree Course as a student of Sheo Bhagwan Rameshwar Prasad Arts College, Bilaspur. While the college was affiliated to"the Saugar University, the petitioner appeared for the preliminary Examination held by that University in March 1963. He failed thereat. He also failed at the Supple mentary examination held by the University in October 1968. On 2nd July 1963 the Vice-Chancellor of the Saugar University made an order. purporting to act under Section 14 (4) of the University of Saugar Act, 1946. permitting provisional admission to the next higher class of students who had failed in one or two subjects or who bad obtained a compartment, or who had failed in the aggregate, subject to the condition that they would be reverted to the lower class "if they failed to clear the compartment or pass the Supplementary examination" Again, on 8th February 1964 the Vice-Chancellor made an order with regard to the continuance of fresh students in higher classes in the following terms: "students who were provisionally admitted to the next higher class are allowed to continue in those classes and appear at the next examination subject to the condition that they will be reverted to the lower class in case they fail to pass the examination. "

( 2 ) ON the basis of these two orders of the Vice-Chancellor the petitioner was admitted to the second year class of the Three Year Degree Course. In March 1964 the petitioner appeared. at the Preliminary Examination held by the Saugar university and also appeared at the second year examination held by the College. He passed this Preliminary Examination. On the reopening of the College in July 1964 after the Summer Vacation the petitioner, who had pasted the Preliminary examination in 1964 and who also claimed to have passed the second year examination held by the College during that year, made a demand on the Principal of the College which then became affiliated to the newly founded Ravishankar shukla University, Raipur, that he should be admitted to the third year class of the three Year Degree Course. The Principal refused to admit the petitioner to the third year class. According to the applicant, the Principal directed him to seek clarification from the Saugar University authorities. It appears that the applicant then approached the Vice-Chancellor of the Saugar University who advised him to move the Vice-Chancellor of the Raipur University as the College of which he was a student was no longer affiliated to the Saugar University. The petitioner says that on 30th September 1964 he submitted an application to the Vice-Chancellor of the raipur University who promised to look into the matter, but that till now he has not received any reply from the Raipur University authorities with regard to his admission in the third year class. The applicant now seeks a direction under Article 226 of the Constitution to the opponents for his admission to the third year class of the Three Year Degree Course.

( 3 ) HAVING heard learned counsel for the parties we have reached the conclusion that this application must be dismissed. Under paragraph 12 of Ordinance No. 33 of the Saugar University relating to B. A. Three Year Degree Course no candidate can he admitted to the B. A. Part II course unless he has passed B. A. Part 1 or the preliminary Examination. It is, therefore, clear that the petitioner could not be admitted to the second year class of the Three Year Degree Course in 1963-64 when he had failed at the Preliminary Examination held in March 1963 as well as at the Supplementary Examination held in October 1963. It is true that on 2nd july 1963 the Vice-Chancellor of the Saugar University, purporting to act under section 14 (4) of the University of Saugar Act, 1946, issued an order permitting the admission to the second year class of even those students who had failed to pass the Preliminary Examination, and the applicant was admitted to t