wp-6132/19.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 6132 OF 2019

Shri Mhallappa Shivyogi Satpute

...Petitioner.

Versus

Shivaji University, Kolhapur & Anr.

..Respondents.

——————

Mr. Ashok B. Tejane for the Petitioner.

Mr. Vikram N. Walawalkar for the Respondent Nos.1 & 2.

——————

CORAM : NITIN W. SAMBRE &

SHARMILA U. DESHMUKH, JJ.

Date : December 22, 2022.

P. C. :

1.

The Petitioner has come out with the following prayers :

“b)

the Respondents be directed to declare the Petitioner

as pass in the second year LLB course of Shivaji

University in the year April 2001 and be directed to

give corrected mark list declaring the Petitioner as

pass.

c)

the Respondents be directed to declare the Petitioner

as Pass in the 3^rd year Special LLB Course in April 2001

of Shivaji University, Kolhapur.

d)

In the alternative to prayer c) the Petitioner be given

equivalence in the 3^rd year LLB Special Course to give

exam of any other subject instead of Civil Procedure

Code.”

2.

Counsel for the Petitioner, Mr. Tajane strenuously urged that

once the Petitioner has secured 40 marks in the subject of

Jurisprudence in March 1998 examination in LL.B, it was incumbent

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SACHIN

RAMCHANDRA

PATIL

Digitally signed

by SACHIN

RAMCHANDRA

PATIL

Date:

2022.12.23

10:50:22 +0530

wp-6132/19.

on the authorities to consider the same in the subsequent years for

declaring him as pass. The prayer is opposed by Mr. Walawalkar for

the Respondents, as according to him, the Petitioner has appeared

in the subsequent examination in the very same subject and as such

he is estopped from raising the aforesaid point.

3.

After appreciating the submissions, it appears that the

Petitioner is seeking declaration that he be declared as pass in LL.B.

examination, particularly in the Jurisprudence subject in the

examination of March 1998. The Petitioner was declared

unsuccessful though he had secured 40 marks in the said subject.

As such, he appeared in 2001 in the very same paper of the 2^nd year

LLB examination. In the said examination, he secured 33 marks and

he was declared unsuccessful. As such, he again applied for the

same examination in October 2002, however, he remained absent at

the time of said examination.

4.

From the conduct of Petitioner, what can be noticed is, for

declaring him successful in 2^nd year LLB, he has approached this

Court after the lapse of almost more than 17 years.

5.

Though Mr. Tajane, counsel appearing for the Petitioner

relied on certain communications issued by the State Government

and the University, that will hardly of any consequence so as to bring

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the issue within limitation. The petition suffers from delay and

latches.

6.

Apart from above, the fact remains that the Petitioner has

appeared in subsequent examinations. Rightly so claimed by Mr.

Walawalkar, it estopped him from claiming that he be declared

successful based on the marks obtained in the earlier examination

held in March 1998, particularly when he had appeared in the

subsequent examination for the same subject.

7.

In this view of the matter, the petition is devoid of any merits

and the same is accordingly dismissed.

[Sharmila U. Deshmukh, J.]

[Nitin W. Sambre, J.]

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