ORAL JUDGMENT :- Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the respondent waives service. By consent of Counsel and at their request taken up for hearing and final disposal.

2. The University of Mumbai has moved these proceedings under Article 226 of the Constitution, aggrieved by the directions issued by the Presiding Officer of the University and College Tribunal, holding that the respondent is eligible for being admitted to the three years part time Master's Degree Programme in Human Resource Development Management. The narrow issue before the Court is whether the University was justified in holding that the passing of a two year B.Sc. Degree Course by the respondent from Garhwal University did not meet the requirement of equivalence as prescribed by the University.

3. Jamnalal Bajaj Institute of Management Studies which is affiliated to the University of Mumbai, notified an admissions programme for several courses in Management Studies including amongst them, a three year part time Master's Degree Programme in Human Resource Development Management (MHRDM). The criteria for eligibility that was prescribed by the University was to the following effect:

"Every candidate must have (i) passed a Bachelor's Degree Examination in any faculty of this University or an examination recognized by the University as equivalent thereto, and (ii) acquired a minimum Two Years' Work Experience (Executive/Supervisory) after graduation. The experience will be counted from the day subsequent to the last day of the qualifying examination passed by the candidates." (emphasis supplied).

The respondent has completed a two year Bachelor's Degree Course in Science (B.Sc.) in 1986 from Garhwal University. After passing the course, the respondent joined the Naval Academy at Goa and is presently engaged with the Indian Navy. The University granted to the respondent, provisional admission on 18th March, 2006. The communication of the University, however, clearly put the respondent on notice that his admission would be subject to eligibility. On 6th June, 2006, the respondent was informed that he was not eligible for admission to the MHRDM Degree Course of the University of Mumbai.

4. The respondent thereupon moved the University and College Tribunal. The Tribunal allowed the application by its judgment and order dated 19th July, 2006 which is questioned in these proceedings. Before the Tribunal, reliance was placed by the University on a circular dated 1st January, 2001 issued in the name of the Registrar which specifically provided that students passing three year Degree Courses in the faculties of Arts, Science and Commerce from recognized Indian Universities are considered eligible for seeking admission to a higher course of studies in the University from Academic Year 1998-99. However, individuals who had passed a Bachelor's degree from a University which offers a two year degree course, would be equated with the Second Year of the three year degree course of the University of Mumbai. Such an individual would be considered eligible for admission to the third year of the three-year degree course. However, an exemption was made in the case of candidates who had obtained the Bachelor's Degree prior to 1977 with a two years' intermediate course and two years' course leading to the Bachelor's degree. The Tribunal brushed aside the aforesaid circular holding that it was not clear therefrom under what provision of the Maharashtra Universities Act, 1994 it was issued; and that the power of the Registrar did not warrant the issuance of such a circular. The Tribunal held that it is not clear as to which authority would be entitled to determine the eligibility of students for Post-graduate Courses. The decision of the Standing Committee on Equivalence dated 4th March, 2002 was also placed before the Tribunal, according to which students passing a two year Bachelor's Degree Course and possessing a Post-Graduate Degree or Di

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