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2013 DIGILAW 1942 (BOM)

Ganesh Manik Funde v. Mumbai University through its Legal Department

2013-09-23

K.R.SHRIRAM, S.J.VAZIFDAR

body2013
JUDGMENT 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. The petitioner seeks an order directing respondent no.1 to issue the mark-sheet and passing certificate in respect of the B.E. Course that he attended and examination in respect whereof he passed. 3. Respondent No.2 is the Director of Technical Education, Maharashtra. The 3rd Respondent College-Shivajirao S. Jondhale College of Engineering for the B.E. is recognized by the Government of Maharashtra and by the All India Council of Technical Education, New Delhi and is affiliated to Respondent No.1 - University of Mumbai. Respondent No.4 is Vidya Prakashak Mandals which runs Dr.V.N.Bedekar, Institute of Management Studies. 4. On 24th July 2002, in round 1A the petitioner had initially secured provisional admission for the same course in Parshwanath College, Vadavali, Thane. The petitioner, however, obtained admission to the 3rd respondent College in round 3A on 8th September 2002. The petitioner only paid the fees on 30th September 2002. Thus, he was admitted prior to a Circular dated 24th September 2002 which we will refer to shortly. In fact, the classes for the first year had started on 5th September 2002. For the purpose of this writ petition, it is sufficient to note that in December 2011, the petitioner appeared for the 7th and 8th semesters. On 23rd February 2012, respondent no.1 declared the results of these examinations. The petitioner was declared as having failed in one subject. However, upon revaluation, he was declared, on 8th June 2012, as having passed. 5. On 24th July 2012, respondent no.2 - Directorate of Technical Education, Maharashtra admitted the petitioner for the MMS course in the 4th respondent-Institute subject to his producing the marksheet and passing certificate of the B.E. course. 6. Respondent Nos.2 and 3 have refused to issue the petitioner the mark-sheet and passing certificate of the B.E.Course in view of the following provision which is a part of Ordinance 3702 issued by respondent no.1 by the said Circular dated 24th September 2002: “A candidate who has been admitted to the first year of B.E. degree course has to complete the course of degree of Bachelor of Engineering (B.E.) within 8 years from the date of his/her enrolment otherwise he/she has to enroll as fresh candidate for the first year as ex-student.” 7. As we mentioned earlier, the petitioner was admitted to the said course on 8th September 2002 and completed the same in December 2011. He, thus, took more than eight years to complete the course. The Circular dated 24th September 2002, however, cannot apply to the Petitioner as he obtained admission prior thereto namely on 8th September 2002. In fact, as noted above, he had obtained admission in Parshwanath College in round 1A on 24th July 2002. 8. The letters of admission of round 1A dated 24th July 2002 and of round 3A dated 8th September 2002 tendered by Mr.Chavan, learned counsel appearing on behalf of the petitioner are taken on record and marked 'X' and 'X-1', respectively. 9. The writ petition is, therefore, disposed of by directing the respondents to issue the amended mark-sheet pursuant to revaluation and to pass all consequential orders including declaring the results and issuing the passing certificate. There shall be no order as to costs.