1 wpl33-11.sxw dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 33 OF 2011 Akshada Vijay Kirkise ... Petitioner. V/s. University of Mumbai & Anr. ... Respondents. Mr. V.P. Vaidya for petitioner. Mr. R.A.Rodrigues for the respondent no.1. Mr. V.S. Talkute for respondent no. 2. CORAM : P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : 20th JANUARY, 2011 P.C. Heard. Rule. Rule made returnable forthwith. Mr. Rodrigues waives service for respondent no. 1. Mr. Talkute waives service for respondent no. 2. The matter is taken up for final hearing. 2. The petitioner is a student. By way of this petition he prays that appropriate direction may be issued for setting aside the orders at Exhibits “C” and “L” to the petition by which the enrollment of the petitioner in respondent no. 2 college has been cancelled. The petitioner joined the respondent no. 2 college and passed HSC examination in 2009. Thereafter the petitioner applied for admission to the course of B.Com (Banking & Insurance) in reserved category. The percentage of marks prescribed for reserved category is 40% and for general 2 wpl33-11.sxw category it is 45%. The petitioner has secured 44.5%. The petitioner was enrolled by the college and the petitioner also passed F.Y. Bom. examination in April, 2010 and was admitted to the S.Y.B.Com. (Banking and Insurance) class. The respondent no. 1 University informed the institution that on scrutiny it was found that the petitioner was not eligible for admission to the F.Y.B.Com (Banking and Insurance) Class and that the institution will cancel the admission. 3. It is the say of the University that the reserved category will apply only in connection with Scheduled Caste and Schedule Tribes and other Backward Class candidates and since there is no separate reservation for armed forces personnel, the said benefit could not have been given to the petitioner and the petitioner, therefore, could have appeared only in the general category. In this behalf, it is required to be noted that the petitioner was already admitted by the University after scrutinizing the papers submitted by her in which she has clearly mentioned that her father was an armed force personnel. Once the petitioner having been enrolled and when it is nobody’s case that she has suppressed anything, it is not proper for the University to cancel her admission to F.Y.B.Com (Banking and Insurance) Class particularly when she has completed F.Y.B.Com., and passed the said examination. 4. The learned counsel for the Institution pointed out that as per the circular of the University dated 3rd June, 2009, certain percentage is prescribed for ST/SC and other categories and it includes even the children of armed force personnel. The said circular dated 3rd June, 2009 is tendered in Court by the 3 wpl33-11.sxw learned counsel for the institution. The same is taken on record and marked “X” for identification. In view of this, it can be said that the institution admitted her as she was eligible for admission under the reserved quota as 3% seats which have been reserved interalia for the children of armed force personnel. Considering the said aspect, it can be said that in the present case the institution acted in the genuine belief that the petitioner was entitled to be admitted under the said reservation. 5. Be that as it may, since the petitioner has already completed one year course and it is not the case that she has secured admission by making false representation, in our view, the impugned orders are not sustainable and, therefore, the same are quashed and set aside. 6. The learned counsel for the Institution states that in future necessary care will be taken and admissions will be given only to the eligible candidates and in a particular category after verifying all records including all the circulars of the University. The said statement of the learned counsel is accepted. The University also may verify as to whether as per the circular placed on record the benefit is being given to the candidates who are children of armed force personnel. The University shall issue necessary circulars to various institutions after verifying the correct position of the reserved categories as per its policy. 7. Subject to what is stated hereinabove, this petition is allowed. The respondent no. 2 to allow the petitioner to continue her course on the basis of 4 wpl33-11.sxw admission which she has acquired in the respondent no. 2 institution. The respondent no. 2 shall act accordingly. Rule is accordingly made absolute. (A.A.SAYED, J.) (P.B.MAJMUDAR, J.