1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.1123 of 2008 (Ku. Yamini d/o. Ghanshyam Pardhi and Ors. vs. Shri Rashtra Sant Tukdoji Maharaj Nagpur University and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : 18.03.2008. Heard Mr.H.S.Rahangdale, Adv. for the Petitioners and Mr.P.V.Thakre, Adv. for the Respondent No.1. This petition is directed against the Communication dt.1.3.2008 issued by the Deputy Registrar (Acad.), Shri Rashtra Sant Tukdoji Maharaj, Nagpur University whereby the petitioners were informed that their examination forms are rejected on the ground that they have not obtained 45 % marks at their graduation level, which is eligibility criteria as per the Ordinance No.9 of 2005. Counsel for the petitioners states that the petitioner no.1 has secured 44.67 % marks, petitioner no.2 has secured 44.84 % marks and petitioner no.3 has secured 44.80 % marks at the graduation level. It is contended that, in view of the decision of this Court dt. 29.2.2008 passed in Writ Petition No. 789 of 2008, the above referred percentage of marks needs to be treated as 45 %. It is, 2 therefore, contended that appropriate direction in this regard be given to the respondents. Learned counsel for the respondent no.1 does not dispute the factual and legal aspect of the matter. Considered the contentions canvassed by the respective counsel as well as perused the order dt. 29.2.2008 passed in Writ Petition No. 789 of 2008. Since it is not in dispute that the issue involved in the present Writ Petition is identical to one which was involved in the Writ Petition No.789 of 2008, hence, for the reasons stated in the order dt.29.2.2008, we direct the respondent-University to treat the percentage of marks obtained by the petitioners in the present Writ Petition as 45 % and accept the examination form after completion of other formalities necessary to be completed by the petitioners in this regard and permit the petitioners to appear in the examination if there is no other impediment in doing so. With these directions, the Writ Petition is disposed of. JUDGE JUDGE ssj