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2003 Supreme(Bom) 757

H.L.GOKHALE, S.J.VAZIFDAR
Ganesh R. Baheti – Appellant
Versus
University of Pune & another – Respondent


JUDGMENT - Vazifdar S.J., J.:---The petitioner is a student of architecture pursuing the B. Arch Course in the second respondent college. Respondent No. 2 is the Vivekananda Institute of Technologys Padmabhushan Dr. Vasantdada Patil College of Architecture. Respondent No. 2 is affiliated to respondent No. 1.

2. The petitioner seeks a writ of mandamus directing respondent No. 1 to withdraw its letter cancelling his admission to the 4th year of the B. Arch. Course for the academic year 2000-2001 and cancelling his examination forms for the 4th and 5th years of that course, to forthwith declare his results for the 4th year (seventh semester) and for the 5th year (eight semester) and to withdraw its letter dated 4th May, 2001.

3. The petitioner finds himself in a predicament caused by the inadvertence of respondent No. 1 and respondent No. 2. Respondent No. 2 went unrepresented before us. Respondent No. 1 admits that at least two acts on its part were incorrect but claims that they were through inadvertence. If the construction of the 1st respondent of the rules and requirements are correct and if they were to be enforced strictly despite the "inadvertence" on the part of the respondents




































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