ASN 1 WP-1253.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO. 1253 OF 2011 Anjali H. Ashiwal. ..Petitioner. Vs. The State of Maharashtra and ors. ..Respondents. Mr.R.K.Mendadkar for the Petitioner. Mr. C.R.Sonawane, AGP. For Respondent Nos. 1 and 2. Mr. Raui Rodrigues for Respondent No.4. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Monday, 14 st March, 2011 PC : This petition under Article 226 of the Constitution challenges the letter dated 24th January, 2011 issued by the University of Mumbai at Exh. A by which the petitioner is shown to be not eligible for admission to the MMS Degree Course for the academic year 2010-11. The controversy arises with the background of the following facts. 2 The petitioner passed her HSC examination with 56.70% marks in aggregate from Mumbai Divisional Board. Thereafter, the petitioner secured admission to three year diploma course in Optometrics in the academic year 2005-2006. The petitioner completed the initial course of two years and thereafter,completed one year compulsory internship. The petitioner was thereupon awarded diploma with 60% marks in aggregate by Municipal Corporation School of ASN 2 WP-1253.sxw Optometric Municipal Eye Hospital. Thereafter the petitioner secured admission to the third year of the four year decree course in B.Sc. Optometrics in respondent No.5 D.Y.Patil University, Pune in the academic year 2008-2009 and upon completion of 4th year, secured B.Sc. Optometrics degree upon conclusion of the academic year 2009-2010. 3 The petitioner, thereafter, applied for admission to the two year full time Post Graduation Degree in Management studies being conducted by respondent No.4 University of Mumbai. The petitioner was granted admission for the academic year 2010-2011 and the petitioner started prosecuting her studies in the said Post Graduate Course of Master of Management Studies. However, by the impugned order dated 24th January, 2011 the University of Mumbai informed the petitioner that she was not eligible to admission for MMS Degree Course. The objection has been raised on the ground that the petitioner ought to have obtained bachelor’s degree after prosecuting a three year degree course, but the petitioner had under-gone only two years of studies in B.Sc. Optometrics Course run by the respondent No.5 University. 4 The learned counsel for the petitioner invited our attention to the brochure of respondent No.5 University at Exh.B to the additional affidavit dated 3rd March, 2011 which interalia laid down the following eligible criteria to the admission for B.Sc. Optometry course of four years duration:- A) Minimum age 17 years on 31st December, 2008. ASN 3 WP-1253.sxw B) The candidate must have passed the Higher Secondary (Std.XII) examination with Physics, Chemistry, Biology and English. The candidate must have secured minimum of 40% marks in Physics, Chemistry and Biology taken together. C) The candidate who fulfills one of the following eligibility criteria is considered for direct admission to the third year:- (i) Successful completion of a Diploma Course of minimum two years duration (after XII std.) with Science or Ophthalmic Techniques as vocational subjects) in Optometry, Ophthalmic Techniques, Refraction, Orthoptics, Ophthalmic Assistance from recognized institute/university, or (ii) Successful completion of a Diploma Course of minimum three years duration (after X std.) in Ophthalmic Techniques from recognized institute/university. The candidate should have worked in Ophthalmic Clinic or iii) Successful completion of a Diploma Course of minimum three years duration (after X std) in Optical Establishment from recognized institute/university. The candidate should have worked for a minimum period of one year in Ophthalmic Clinic and iv) The candidate must have secured minimum 40% marks (taken together) in final qualifying examination for the diploma curse and ASN 4 WP-1253.sxw v) The candidate must have completed 19 years on or before 31st December of ensuing year. The learned counsel for the petitioner submits that the petitioner fulfilled all the above criteria and that is why she was directly admitted to the third year of the B.Sc. Optometry course run by respondent No.5 University. 5 A bare perusal of the above brochure indicates that the petitioner having complied with the requirements of Clause-C as above was considered eligible for direct admission to the third year of the B.Sc. Optometry. It is thus, clear that the petitioner had secured degree in B. Sc. Optometry which was a four year course but the petitioner was granted admission to the third year of the said B. Sc. Course considering the fact that the petitioner had already undergone two years diploma course after 12th standard. 6 The eligibility criteria for admission of the MBA/MMS Course is as under. Passed with minimum of 45% marks in aggregate (40% in case of candidates of backward class categories belonging to Maharashtra State only) in any Bachelor’s Degree of minimum three years duration in any discipline recognized by the Association of Indian Universities. ASN 5 WP-1253.sxw 7 It is thus clear that the petitioner was required to obtain Bachelor degree of minimum three years duration in any discipline with minimum 45% marks in aggregate. 8 The facts of the instant case are that the petitioner has obtained degree awarded by respondent No.5 in a course of four years’ duration with 60% marks. In this view of the matter, no exception can be taken to the petitioner’s eligibility for admission to the MMS course. 9 The petition therefore, deserves to be allowed. Accordingly the impugned letter dated 24th January, 2011 issued by the Registrar of University of Mumbai addressed to The Director, Vidyalankar Institute of Technology, ACME Compound, Antop Hill, Indian Hume Pipe Co. Road, Wadala, Mumbai (E), 400037 is hereby quashed and set aside and respondent No.4 is directed to permit the petitioner to prosecute her studies in MMS Course as she is eligible for the said course. Respondent No.2 is directed to issue certificate accordingly. CHIEF JUSTICE S.J. VAZIFDAR, J.