ORAL ORDER

In this petition, petitioner has sought for the following reliefs:-

" a) Issue a of Certiorari quashing the impugned communication dated 29.07.2025 sent by the Respondent No.4, produced at Annexure-A.

b) Issue a Writ of Mandamus Directing the Respondent No.3 not to migrate the Petitioner from pre-NEP curriculum to the NEP curriculum and permit the Petitioner to clear the course within the maximum duration as set out in the Student Resource Book for the years 2023-2024, produced at Annexure-B.

c) Issue a Writ of Certiorari, quashing the examination policy Annexure-G, only in so far as it relates to the passing criteria mentioned in clause 7 and 8.

d) Issue a Writ of Mandamus directing the Respondent No.3 to promote the Petitioner to the next academic year of 2025-2026 of the Bachelors of Commerce (Honours) course and permit the Petitioner to carry forward the subject 'Financial Accounting-III' to the next academic year.

e) In the Alternative, issue a Writ of Mandamus directing the Respondent No.3 to conduct another re-examination for the subject 'Financial Accounting-III'.

f) Grant such other relief/s as deemed fit by this Hon'ble Court under the facts and circumstances of the present case."

2. Heard learned counsel for the petitioner and learned CGC for 1^st respondent, learned counsel for 2^nd respondent as well as learned Senior counsel for respondents 3 and 4 and perused the material on record.

3. Before adverting to the rival submissions, it would be necessary to refer to the Interim Order dated 22.09.2025 passed in the present petition, which reads as under:

“Learned Senior Counsel Sri.Udaya Holla has filed an affidavit on behalf of respondents No.3 and 4. Copy of the same is served on the learned counsel for the petitioner.

After going through the affidavit, this Court requires further clarification regarding option (iii)..

Learned Senior Counsel seeks for a short accommodation to secure instructions and make submissions or file another affidavit.

Re-list this matter on 25.09.2025 at 2.30 p.m.”

4. As can be seen from the aforesaid interim order, respondents 3 and 4 filed an affidavit dated 22.09.2025, which reads as under:

“AFFIDAVIT Dr. Tanmoy Chakraborty, Registrar at SVKM's Narsee Monjee Institute of Management Studies, Deemed to be University, V.L. Mehtha Road, Vile Parle (w), Mumbai 400056, do hereby solemnly affirm and state on oath as follows:

1. I am the 4^th respondent and I am authorized to swear to this affidavit. I know the facts of the case. In order to avoid verbosity, the statement of objections maybe read as part and parcel of this affidavit

2. The Petitioner in the present case has failed Financial Accounting III in his Semester III of 2nd year in both the main examination as well as the re examination. In view of the examination policy, he is not eligible for promotion to the 3rd year.

3. The Petitioner, now being considered 'a year back student' has to continue his further studies along with the batch of 2024-2025, in the 2nd year The Institution has implemented the NEP 2020 policy for the batch of 2024- 2025.

4. In view of the factual circumstances, the petitioner has three options:

i. He may take re-admission with the batch 2024-25 as a fresh 2nd year student and exit after 3 years of the programme with a degree of B.Com as per the student resource book 2024-25 and the examination policy.

ii. He may take re-admission with the batch 2024-25 as a fresh 2nd year student and after completion of 4 years as provided in the NEP 2020 policy, graduate with the batch of 2024-25 with a degree of B.Com (Hons) as per the student resource book 2024-2025 and the examination policy.

iii. He may exit after 3 years of the programme after re- admission with the batch of 2024-2025 in 2nd year, with a Degree of B.Com (Hons) subject to completion of additional credits as per the batch requirement, prescribed by the respective Transition Committee. This is a condition applicable only for a year back student, from Non NEP batch.

5. In the