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2023 Supreme(Bom) 2066

G. S. PATEL, NEELA GOKHALE
Naman Sanjay Gupta – Appellant
Versus
Ra Podar College of Commerce And Economics – Respondent


Advocates appeared:
Ashish Kamat, Advocate, Mohit Khanna, Advocate, Preet Chheda, Advocate, Mahendra Agvekar, Advocate, Shraddha Chavan, Advocate, Prahlad Paranjpe, Advocate, Manish S., Advocate, Kelkar, Advocate

JUDGMENT/ORDER

GS PATEL J., J. - Rule. There are Affidavits in Reply and Rejoinder. By consent, Rule made returnable forthwith and the Petition is taken up for hearing and final disposal.

2. The Petitioner is a young student of the B. Com degree course. The only prayer he seeks in this Petition is a mandamus to the 2nd Respondent, the University of Mumbai, to release the Petitioner's printed mark sheets for the 5th and 6th semester B. Com examination results. These were withheld in a certain factual context.

3. After carefully considering the material on record, and in particular two circulars of 2009 and 2014, we believe that the action of the 2nd Respondent cannot be sustained, and Rule will have to be made absolute. Our reasons follow.

4. The 1st Respondent is the RA Podar College of Commerce and Economics where the Petitioner is a student. In May 2013, the Petitioner appeared for what is called the International Baccalaureate ("IB") Diploma Programme examination, equivalent to standards 11th and 12th, while a student of the NES International School. The IB Diploma typically awards points and not percentages or marks. The maximum possible number of points is 42. There is no specific

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