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4. After considering the academic qualifications of the petitioner i.e. B.Sc. in third Division and M.Sc. in second division with 52 marks, his case is said to have referred to the Research Board. Ultimately, vide order Annexure-9 dated 14.10.1996, the petitioner was informed that the Vice Chancellor on behalf of the syndicate had permitted the petitioner for registration as a research scholar to supplicate for the Ph.D. Degree of the University on the subject Ultra Structural (Sem/Tem) study of Speronatozoa from infertile human under the supervision of Dr. N.K. Lohya, Associate Professor, Department of Zoology. Registration was for a period of 3 years from the actual commencement of the research work. The University vide Annexure- 11 had accepted the date of commencement of Research work to be 1.12.1993. Extension was also granted by the University upto 1.12.1997 vide Annexure-13on 14.3.1997. After depositing the requisite fee etc., the petitioner submitted his thesis on the subject stated, after having been recommended by the supervisor and Head of Department. The University through the Deputy Registrar (Research) refused to receive the thesis. The petitioner made representations.

5. Prayer of the petitioner in the writ petition is that the direction be issued for quashing the action of the respondents in not accepting the thesis, with a further prayer that writ of manddamus be issued to process the thesis in Ph.D. degree after its acceptance.

6. It is submitted on behalf of the petitioner that in view of the research work done by the petitioner and even if he is not a second divisioner in B.SC. and otherwise he is a second divisioner in M.Sc. in view of the proviso to Ordinance 124 in the special circumstances, the candidate can be permitted to do the research work on the recommendation of the Head of the Department and the supervisor.

12. The Ordinance as reproduced above, enables the University to relax the provisions in special cases where on special recommendation of the Head of the Department/Principal or the Supervisor, even if a candidate has possessed less than 55% marks in the P.G. Examination. The University vide its order Annexure-9 did permit the petitioner for Registration as Ph.D. Scholar. Nothing has been mentioned in Annexure-9 that the permission is provisional or subject to decision of any committee or Board. The petitioner who is otherwise highly qualified as stated above, did make his preparation. He was highly recommended by the Head of the Department and also the Supervisor. He was enrolled as scholar and was registered as such. No objection Certificates were issued to him and after the hard work of more than 3 years, when he goes to submit his thesis, the Depty Registrar does not entertain it. The struggle of the petitioner of three years is lost. Interestingly, no letter has been written to him as to why the thesis had not been accepted or entertained. All is oral exercise. Nothing has been brought on record either by the University or the petitioner for not entertaining or receiving the thesis by the office. In my opinion, it is a case where the University is estopped to go back on its commitment.

13. The ordinance which continues to be the same as un-amended in the publications made by the University, does enable the respondent to accept the thesis as submitted. It is also settled law that the notification of amendment or otherwise is made applicable when it is published and the public is so informed. Even if the Syndicate, had taken any decision as alleged, except that it remained in the proceedings of the meeting, it seems that it was never published for the public notice. What remained in the statute book of the original Ordinance is clear from the Hand Books published by the University of Rajasthan in the years 1985, 1990 and 1995. The University had also been acting upon the provisions by considering the case of the petitioner for relaxation and as such the University is estopped from saying that the thesis of the petitioner cannot be entertained.