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2017 Supreme(Bom) 288

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.
Ms. Swati Shantaram Bagde – Petitioner
Versus
The Controller of Examination, University of Mumbai and Ors. – Respondents
WRIT PETITION (L) NO. 626 OF 2017
Decided On : 08-03-2017

Advocates Appeared:
For the Petitioner: Mr. D. V. Deokar i/b Mr. Radhakrishna Jha
For the Respondent: Mr. Rui Rodrigues, Mr. Chandrakant Y. Talwatkar, Office Superintendent of Siddharth College of Law., Mr. Deepak J. Mane, Clerk of Siddharth College of Law.

Important Point: It is taken into consideration the fact that the respondent no. 3 has intimated the respondent no. 1 by letter dated 31st July 2015 that the petitioner had secured 76 marks in DPC and 70 marks in moot court in the practical examination conducted by respondent no 3. The respondent no. 1 was therefore, asked to add the marks of the petitioner in practical examination.

Headnote:Writ Petition: Non Declaration Of Result: It is not disputed that the petitioner has passed in all the subjects in the written examination and it is only because the marks of practical examination were not forwarded by the respondent no. 3 to the respondent nos. 1 and 2. ---It is taken into consideration the fact that the respondent no. 3 has intimated the respondent no. 1 by letter dated 31st July 2015 that the petitioner had secured 76 marks in DPC and 70 marks in moot court in the practical examination conducted by respondent no 3--- We are not convinced with the decision of respondent no. 1. The respondent no. 1 was therefore, asked to add the marks of the petitioner in practical examination. Result:- Petition allowed

JUDGMENT :

PRAKASH D. NAIK, J.

Rule. Rule is made returnable forthwith.

2. By consent of counsel for the respective parties, petition is taken up for final disposal forthwith.

3. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, challenging the communication dated 30th January 2017, issued by the Respondent No.1. The petitioner also seeks direction to be issued to the respondent nos. 1 and 2 to forthwith declare the withheld result of the petitioner of having passed the 6th semester of 3rd year LLB course for the academic year 2014-15.

4. The factual matrix relevant for adjudication of the issues involved in this petition is as follows;

(a) The petitioner is a student of respondent no. 3 college. She applied for admission in law faculty of three years course and secured admission in the year 2012-13.

(b) The petitioner passed her 1st and 2nd year LLB in the first attempt which is evident from the mark-sheet annexed to the petition. The course was conducted by the respondent no. 2 University.

(c) After attending lectures for the third year and on clearing the Vth semester examination the petitioner appeared for practical examination conducted by respondent no. 3 on 12th March 2015 and 13th March 2015. The said fact is supported by the attendance sheet of the practical examination conducted by respondent no. 3. She passed in practical examination of Drafting Pleading and Conveyancing and secured 76 marks out of 100. She also passed in the practical examination of Moot Court and secured 70 marks out of 100.

(d) The petitioner appeared for the final 6th Semester of 3rd Year LLB course conducted by respondent no. 2 University in the month of April 2015. She was shocked to know that in the statement of marks which were made available in the office of respondent no.3 on or about 23rd July 2015, there was an endorsement “ADC” that is admission cancelled, although the petitioner has appeared and passed in practical examination as well as all the 4 subjects in the written examination.

(e) The petitioner therefore, approached the Registry of respondent no. 3 and informed them that she had appeared in the practical examination and therefore, she should have been declared pass. The respondent no. 3 vide letter dated 31st July 2015, informed the respondent no. 1 that the petitioner is the bonafide student of 3rd Year LLB of the said college and that she had appeared in the March 2015 practical examination and that she has secured the marks as stated above. It was also stated that the respondent no. 3 had failed to mention the marks against her name in the practical examination sheet submitted to respondent no. 1 and 2. The request was made to add the marks of practical examination in the mark-sheet of the petitioner.

(f) Since there was no response to the said letter, the respondent no. 3 forwarded another letter dated 20th August 2015 with similar request. The petitioner also made a similar request vide her letter dated 20th August 2015.

(g) The petitioner kept on following up with the respondents for declaration of her results. By letter dated 26th February 2016, the respondent no.1 intimated the respondent no. 3 and the other colleges that, on account of delay in forwarding the marks of the practical training of the students from I, II, III and IV semester, their admissions were declared cancelled. However, after deliberations the respondent no.1 had called upon a meeting with such students on 2nd March 2016 and they were called upon to attend the said meeting alongwith relevant documents. Vide communication dated 15th March 2016, the respondent no. 1 intimated the respondent no. 3 and other colleges that the candidates mentioned there in were allowed to appear for practical training of I, II, III and IV subject examination of LLB (Sem. II, IV & VI) and BLS (Sem. VI, VIII & X) on condition that the decision of Management Council held in due course will be communicated to them which will be






















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