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1. This is an application by G.P. Singh for the issue of a writ of mandamus commanding the Faculty of Law of the University of Allahabad and the University of Allahabad to accept the recommendations of the majority of examiners for the award of the degree of Doctor of Laws of the University of Allahabad to the applicant on his thesis for the same.

2-3. The facts leading to this application are as follows:

The application of the applicant for permission to supplicate for the degree of LL. D. was placed before the Faculty of Law on 19-10-1946. The Faculty granted the permission, approved the subject for the thesis and passed a resolution appointing a Committee of three persons to value his thesis. The applicant submitted his thesis to the Registrar in October 1947 for the award of the degree of Doctor of Laws.

The Faculty resolved that the applicant be asked to re-present the thesis after necessary revision and improvements in the light of the criticisms offered by the examiners not earlier than six months and not later than two years. The applicant re-presented the thesis after revision in March 1950. The reports of the examiners on the re-submitted thesis were considered by the Faculty of Law on 20-3-1951.

It did not accept the alleged recommendation of the majority of the examiners for the award of the degree of Doctor of Laws and resolved that the applicant be permitted to submit the thesis in the light of the criticisms made by the examiners if he so desired. The applicant then submitted a re-presentation to the University authorities in April 1951. It was rejected by the Faculty of Law on 27-10-1951.

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Ordinance 8 is:

"The examiners shall examine the thesis and other published work, if any, of the candidate and shall submit their reports on the prescribed form either conjointly or separately. The examiners may consult one another before submitting their reports.
They may make such suggestions as they may deem fit for the improvement of the thesis. These suggestions shall be communicated to the candidate."

Ordinance 9 is:

"After the examiners have examined the thesis they may recommend that the thesis be rejected or that the candidate be allowed to present the thesis in a revised form not earlier than six months and not later than two years from the date of the decision of the Faculty."

It follows that once the University approves of the thesis it can be published by the applicant and that the applicant has to state that it was a thesis approved for the Degree of Doctor of Laws of the Allahabad University. The University must therefore give its approval to a thesis after it finds it absolutely satisfactory. If a thesis is not absolutely satisfactory and fit for publication the University is to defer its approval in spite of the recommendations of the examiners. All what draft Ordinance 11 requires is that the Faculty shall accept the recommendations by the majority of the examiners of the thesis, but it does, not say that the Faculty must accept it at the earliest opportunity after the receipt of the recommendations. The Faculty can take its time and can take steps to see that the thesis is in such a form to which no objection be taken and which, if published, brings no discredit to the University.