The learned Chief Justice received the writ petition and directed that the same should be heard by a Bench of two Honble Judges of the said High Court at night.
After passing the interim order, the Division Bench directed that the respondent companyld get the affidavit sworn and vakalatnama filed the next day.
In obedience to the said interim order, appellant No.
It is against this order that the appellants have companye to this Court by special leave and so, the principal point which arises for our decision in the present appeal is whether the High Court his properly companystrued Regulation 4.
Basudev Prasad, K. Rajendra Chaudhri, and K. R. Chaudhuri, for the respondent.
Appeal by special leave from the judgment and order dated may 14, 1965 of the Patna High Court in Civil Writ Jurisdiction Case No.
K. Daphtary, Attorney General, R. N. Sinha and S. P. Varma, for the appellants.
As a companysequence, the respondent was allowed to appear at the said Examination.
On March 29, 1965, however, a numberice was put up on the numberice board by appellant No.
that pending its hearing, the respondent should be permitted to appear at the said Examination, but that his result should number be published until disposal of his application.
The learned Judges who heard the writ petition have, how ever, rejected the companytentions raised by the appellants in regard to the companystruction of the relevant regulations and have held that under the said regulations, it was obligatory on appellant No.
It appears that the writ petition itself had number been sworn to andno vakalatnama had been filed when it was presented to thelearned Chief Justice and was subsequently admitted by the Division Bench.
3 to permit him to appear at the said University Examination.
They urged that the relevant Regulations did number justify the respondents companytention that he was eligible to appear at the said Examination and they companytended that the impugned numberice issued by appellant No.
1 the Vice Chancellor of the Patna University, appellant No.
1, the Principal of the Patna College, indicating that the respondent was number eligible to be sent up for the said University Examination, 1965 and that his roll number had been included in the list published earlier due to a clerical mistake.
1 on the 29th March, 1965 he further prayed for an appropriate order or direction to appellant No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3, the Patna University, under S. 34 b of the Patna University Act, 1951 Bihar Act XXV of 1951 .
1 forwarded the respondents application to appellant No.
By this writ petition, the respondent prayed for a writ of mandamus, or for any appropriate order or direction for quashing and canceling the numberice issued by appellant No.
3, though he made it clear that the respondent had number attended adequate number of practical classes and his record of practical work was number satisfactory and as such, be did number fulfill the requirements of the relevant Regulations.
The Judgment of the Court was delivered by Gajendragadkar, C.J. This appeal raises a short question about the companystruction of Regulation 4 of the Regulations framed by the Academic Council of appellant No.
345 of 1965.
743 of 1965.
His name was shown in the list of candidates who were eligible to appear for the said University Examination and this list was published on March 26, 1965 by the companylege authorities.
The relevant facts are number in dispute.
The respondent Kalyan Srinivas Raman was a student who appeared at and passed the test examination held by the Patna College for sending up students for the University examination B.A. Part 1.
The respondent felt aggrieved by this numberice and filed a writ petition in the Patna High Court on Sunday, the 18th April, 1965 and presented it to the learned Chief Justice of the High Court at his residence.
The appellants then appeared before the High Court and resisted the respondents claim.
Accordingly, the Division Bench heard the said writ petition at the residence of one of the two learned Judges and passed an interim order admitting the writ petition and directing.
2 and appellant No.
