ORDER

1. Leave granted.

2. Pravara Institute of Research and Education in Natural and Social Science, Loni, Ahmed Nagar, Respondent 3 herein, is a college affiliated with University of Pune, Respondent 2. Shivanandam Vivekanand Babu and Kumari Maheshvary Patel, the two appellants before us, sought for admission in MBA course of study conducted by Respondent 3. The appellants are residents of the State of Andhra Pradesh and the State of Gujarat respectively. Undisputedly, they belong to the reserved category as notified respectively for the States to which they belong. The appellants do not belong to anyreserved category as notified for the State of Maharashtra. The eligibility qualification is that the candidate must have secured marks above 50 per cent if belonging to the general category and marks above 45 per cent if belonging to the reserved category in the qualifying examination i.e. at graduation. Both the appellants had secured marks above 45 per cent but less than 50 per cent in graduation. Each one of the two appellants stated the marks secured by 9 him/her in the application for admission. The College granted them the admissions.

3. The advertisement issued by the College in September 1998 stated, inter alia:

"Eligibility

Bachelors degree in any discipline of any statutory university with minimum 50% marks in the aggregate (45% in case of candidates belonging to reserved categories)."

The prospectus issued by the College also provided as under:

"(IV) Eligibility for admission

Graduates possessing 50% marks at degree (45% in the case of the reserved category candidates) in any faculty of any statutory university shall be eligible for admission to MBA course, after a written test, interview and other tests."

4. However, Circular No. 107/98 issued by the University of Pune provided inter alia as under:

"Admission to MBA course After passing qualifying test:

(a) A bachelors degree in any faculty of any statutory university with 50% or more marks (45% or more marks for candidates belonging to SC, ST/DT, NT, OBC, SBC for Maharashtra State only).

(b) A bachelors degree with less than 50% marks, with masters degree, second degree in any faculty of any statutory university with more than 50% marks." (emphasis supplied)

5. It is clear from the perusal of the excerpts as above from the relevant documents that although the University prescribed the relaxation of 5 per cent marks in the minimum eligibility requirement for reserved category candidates belonging to the State of Maharashtra only, but the prospectus and the advertisement issued by the College were to some extent in departure from the provisions of the said provision inasmuch as it was not stated therein that the relaxed eligibility requirement could be availed of only by the candidates belonging to the reserved category belonging to Maharashtra State only.

6. The two appellants completed four semesters participating in the examinations conducted at the end of each semester. They were issued admission tickets for entry into the examination hall by the University and they completed the course of study. The results of the first three semester examinations were declared as and when due. However, the declaration of the result of the fourth semester examination was withheld on the ground that the two appellants were not eligible for admission.

7. The two appellants filed writ petitions in the High Court of Judicature at Mumbai which have been dismissed by the Division Bench of the High Court forming an opinion that the appellants being ineligible for securing admission itself they could not have been allowed admission and, therefore, a writ for declaration of results cannot be issued. The High Court has recorded a specific finding that the fault lies with Respondent 3 Institute in releasing the said advertisement without conforming to the Rules prescribed by the University. Yet another finding recorded by the High Court is that in the year 1998 itself soon after the commen