1. Rule. Rule is made returnable forthwith. With the consent of the parties, the writ petition is heard finally.

2. The petitioner seeks a declaration that he has passed his final examination in Bachelor of Architecture five years course commencing from the academic year 20032004 of the Pune University – Respondent No.1. Respondent No.2 is the Controller of Examinations, Pune.

3. The petitioner passed the first, second and third year examinations of the said course. He was however, declared as having failed in the second phase of the course i.e. fourth year and fifth year in the examinations held in October, 2011.

4. The criteria for passing is as under:-

“Rule No.8 : CRITERIA FOR PASSING

To pass the F.Y./S.Y./T.Y./Fourth Year/ B.Arch. Examination a candidate must obtain minimum 45% marks in each paper / sessional / Viva-voce and 50% in aggregate.”

5. The petitioner's mark-sheet annexed as Exhibit-C to the petition is admitted. The petitioner admittedly obtained more than 45% marks in each paper. His aggregate marks for the fifth year are more than 50%. The dispute is regarding his aggregate marks for the fourth year. The marks for all the papers of fourth year is 1300. 50%