IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (LODG) NO. 1031 OF 2008 PETITION (LODG) NO. 1031 OF 2008 PETITION (LODG) NO. 1031 OF 2008 1. Sudarshan Ingale & anr. ] .. Petitioners Versus 1. Dr.(Mrs) V.I. Katchi & 2 ors. ] .. Respondents ALONGWITH ALONGWITH ALONGWITH WRIT WRIT WRIT PETITION (LODG) NO. 1114 OF 2008 PETITION (LODG) NO. 1114 OF 2008 PETITION (LODG) NO. 1114 OF 2008 Vaibhav Pandit ] .. Petitioner Versus 1. Dr.(Mrs) V.I. Katchi & 2 ors. ] .. Respondents None for the petitioners. Ms. Premlata Lauri i/b Divekar & Co. for the respondent No.1. Mr. R. Rodrigues for the respondents No.2 & 3. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 27TH JUNE, 2008 P.C. : 1. Learned counsel for the petitioners is absent. 2. Heard learned counsel for the respondents No.1 and 2. 3. This court had passed an order in the above : 2 : two Writ Petitions on 17th April, 2008, and allowed the petitioners to appear for the Semester VI examination. However, the court had directed that the petitions will be finally disposed of on 5th May, 2008 and that the petitioners will not claim equity. It was also made clear that if the court finds that the petitioners have no right to appear in the examinations, appropriate orders will be passed. 4. The matters appeared on Board on 5th May, 2008, but it was adjourned beyond vacation. The matters again appeared before this court on 12th June, 2008, when no one remained present for the petitioners. However, counsel for the respondents were present. On that day, this court again adjourned the matters by two weeks’ time considering the fact that these are matters concerning students, so as to give one more opportunity to them. 5. Today, when the matters are called out, learned counsel for the petitioners is again absent. Thus, it appears that after having taken an order from this court permitting them to appear in the examination, the petitioners have lost interest and they will now appear before this court only when their results are withheld and not declared by the University, pointing : 3 : out that this court has already given them permission to appear in the examination. Such approach cannot be countenanced. 6. We have heard the counsel for respondents. We have also perused the petitions and the grounds made out in the petitions. 7. The petitioners have admitted that they had not cleared Semester No.III before they took admission for Semester VI. Hence, it has been accepted by the petitioners that before appearing for the Semester VI examination, they have to clear the deficiencies in their admission process viz. clearing of Semester III. The said deficiency has not been cleared by the petitioners. Therefore, their examination forms were withdrawn by the college. After withdrawal of the forms, the petitioners approached this court, by way of present petitions. 8. The respondents No.1 to 3 rely upon Regulation No.4166 of the Circular issued by University of Mumbai bearing No.UG.442 of 2001 which deals with Standard of Passing, especially sub-regulation No.(e) of clause (vi), which reads thus: : 4 : "(e) A candidate shall be allowed to keep terms for Semester VI if he/she passes in each of Semester I, II, III, IV and V OR if he/she passes Semester I, Semester II and Semester III and fails in not more than two theory papers of Semester IV and Semester V taken together, irrespective of his/her Grade in Project-I of Semester V." 9. On a bare perusal of the aforesaid sub-regulation, it will be seen that the student has to clear Semesters I, II, III for keeping terms to Semester VI. Therefore, the petitioners were not eligible for getting admission to Semester VI and thereby they were not eligible to appear for Semester VI examination. In our view, the college has taken timely action against the petitioners. 10. We, therefore, find that there is no substance in the Petition and the Petition is, accordingly, rejected. 11. We direct the University not to declare the results of the petitioners for Semester VI examination. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]