The main legal point established in the judgment is that the court will not interfere in academic matters and will uphold the admission rules and academic standards set by educational institutions.

G.S.Kulkarni, J.

1. The Petitioner who is a third year student pursuing Diploma in Interior Design and Decoration Course (for short the 'said course') at the respondent no.2college, by this Petition, has challenged the action of respondent nos.1 and 2 in denying the petitioner appearance for third year annual examination to be held in April, 2016.

2. Respondent no.2 Rachana Sansad College School of Interior Design is stated to be recognized and affiliated to the Respondent no.1Maharashtra State Technical Board. The Diploma course is of three years with a pattern of an annual examination. The Petitioner was admitted for the First year of the said course for the Academic year 201314. First year examination was held in March 2014. The Petitioner cleared all subjects except the subject of 'Interior Design Theory'. As the rules permitted, the Petitioner was granted admission to the second year of the Diploma course as a ATKT (Allowed to keep term) student.

3. In October, 2014 Petitioner appeared for the ATKT examination for the subject of Interior Design in which she had failed. However, Petitioner did not pass. In March/April 2015 Petitioner appeared for the second year Final examination and cleared all the subjects. However, the said back log in respect of the first year examination in the subject Interior Design Theory could not be cleared by the Petitioner even by March/April, 2015 examination. The Petitioner however, approached the respondent no.2College For admission to the Third year of the said course.

4. At this stage, it may be appropriate to note that the examination regulations of Maharashtra State Board of Technical Education. These Regulations are framed under the powers conferred on respondent no.1 under Maharashtra Act 38 of 1997. Regulation 2 provides for “Rules of Admission” to the course. As regards the eligibility for admission to the third year of the said course the following requirement is stipulated:

B Yearly Pattern Courses

Admission to Year	Eligibility
Third	1) Pass in First Year   2)Pass/ATKT in Second Year   Result Status with PLY shall not be eligible

5. The stipulation of the above Rule is therefore that a candidate is required to have passed in the First year or pass / have a ATKT in the second year and lastly a candidate having remark “PLY” (Pending lower year) in the mark sheet shall not be eligible for admission to the third year course. Notwithstanding the above clear requirement of the Rule, the Petitioner was granted admission by the Respondent no.2College for the third year course.

6. The Petitioner claims that she accordingly pursued the Third year in the present Academic year 2015-16 as also in October 2015 appeared for the backlog paper of First year in which the Petitioner had failed and cleared the same. A Mark sheet to that effect, dated 15th January 2016 is annexed at ExhibitI page 48 of the paper Book.

7. On 13th February, 2016 the Petitioner was informed by the Principal of Respondent no.2College that there were problems with the online examination form of the Petitioner for Third year and for this purpose Respondent no.1Board was contacted. Respondent no.1 informed the Principal that the Petitioner will not be able to appear for the third year examination as the Petitioner had not cleared ATKT subject of the first year at the time of taking admission for Third year being the requirement under the rules. The Petitioner thereafter tried to persuade Respondent nos. 1 and 2, however, no response was received in that regard. On 13th February, 2016, Petitioner met the Deputy Secretary (Technical) of Respondent No.1 who informed the Petitioner, that the Petitioner will not be able to appear for the examination as per Rules of respondent no.1 as the admission of the Petitioner itself was illegal having not cleared First year exam