Writ Petition No. 3298 of 2017. Case: Deepak Agrawal Vs University of Mumbai and another. High Court of Bombay (India)

Case NumberWrit Petition No. 3298 of 2017
CounselFor Appellant: Mr. Sunny Shah with Ms. Nishita Mohanty i/b Mr. K.S. Garg, Advs. and For Respondents: Mr. Rui A. Rodriques and Mr. M. Bohra, Advs., Mr. C.P. Yadav, AGP
JudgesShantanu S. Kemkar & B.P. Colabawalla, JJ.
IssueConstitution of India - Article 226
Judgement DateApril 25, 2017
CourtHigh Court of Bombay (India)

Judgment:

B.P. Colabawalla, J.

  1. Though this matter was on our production board, by consent of parties we have heard it for admission.

  2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a writ of mandamus or any other appropriate writ, order or direction against the Respondents to confirm the Petitioner's admission in the third and final year of the Three Year Degree Course as a law student with Respondent No.2 -- College for the academic year 2016-2017.

  3. After the Petition was filed, an amendment was sought to be made pursuant to an order passed on 10th April, 2017. Now, the Petitioner also seeks a writ of mandamus or any other appropriate writ, order or direction declaring Respondent No.1's letter / order dated 3rd April, 2017 as null and void. By virtue of this letter (dated 3rd April, 2017), Respondent No.1 -- University has inter alia informed the Principal of Respondent No.2 -- College that the admission and appearance of the Petitioner in Semester V of LL.B. be treated as null and void as per the VCD and Regulation No.4469.

  4. The brief facts giving rise to the present controversy are that the Petitioner is enrolled as a law student in the three year course with Respondent No.2 -- College. Respondent No.2 is affiliated with Respondent No.1 -- University. The Petitioner claims that he has successfully obtained his masters (M.Com.) Degree from Agra University.

  5. In the year 2014, the Petitioner enrolled as a law student in the three year degree course with Respondent No.2. In the first year (Semesters I and II), the Petitioner appeared for the examination of the aforesaid two semesters in December 2014 and April 2015 respectively. The Petitioner successfully passed all the subjects of Semester I on 23rd January, 2015. As far as Semester II is concerned, except for one subject (''Law of Crimes''), the Petitioner passed all the subjects of Semester II.

  6. In the second year of the three year degree course (i.e. Semesters III and IV) the Petitioner appeared for the examination in November 2015 and April 2016 respectively. In Semester III, the Petitioner failed in the subjects ''Administrative Law'' as well as the ''The Transfer of Property Act and Easements Act''. As far as Semester IV was concerned, the Petitioner has passed all the subjects. In the second year of the course, the Petitioner also appeared for the examination of ''Law of Crimes'' (during Semester III and IV) but failed both times. The Petitioner then applied for revaluation of the results for ''Law of Crimes'' which he gave in the IVth Semester.

  7. At the time of seeking admission in the Third Year of the Course (i.e. Semesters V and VI), in view of the revaluation pending in respect of the subject ''Law of Crimes'', the Petitioner was granted provisional admission to the Third Year of the Course. In November 2016, the Petitioner was permitted to give the examination for Semester V and also for the subject of ''Law of Crimes''. In the said examination, the Petitioner passed the subject of ''Law of Crimes'' and thus successfully passed Semester II of the Course while the Petitioner was in Semester V. Thus, according to the...

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