(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2612 OF 2007 Sanjay Ramapati Shukla ......Petitioner Vs. 1.Union of India & Anr. ..Respondents Mr. S.K. Dubay for the Petitioner. Ms. S.V. Bharucha with Mr. S.M.Shah for the Respondent No.1. Mr. Balasaheb Deshmukh, for Respondent No.2. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 29th september,2008 DATED: 29th september,2008 DATED: 29th september,2008 P.C.: P.C.: P.C.: . The petitioner was a student of the Respondent No.2 University. He was declared as failed in the examination which was held in December, 2006. Thereafter he applied for rechecking on 9th April, 2007. On behalf of the respondents it is pointed out in the affidavit filed by B.Sukumar that in reply to the notice dated 26th May, 2007 they have stated that there is no change found in the marks of the petitioner. This petition came to be filed on 18th October, 2007, wherein the petitioner has prayed to hand over xerox copy of the answer sheets. On behalf of the respondents learned Counsel points out that the answer papers have been destroyed on 19th November, 2007. It is submitted that they have a policy whereby they keep the answer (-2-) sheets available of only two previous examinations. In the instant case before notice came to be issued to them the answer sheets have been destroyed. 2. In our opinion considering the disputed questions of fact as also the controversy and in the absence of the petitioner showing any Regulation under which he is entitled to recheck, in our opinion, the reliefs as sought for cannot be considered and consequently petition dismissed. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)