1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2934 OF 2010 Sarvesh Mohan Kulkarni : Petitioner. Versus Nashik District Maratha Vidhya Prasarak Samaj College and Anr. : Respondents. Mr. R S Khadapkar i/by Mr. S D Shinde for the Petitioner. Mr. K Y Mandlik for Respondent No.1. Mr. Girish Kulkarni i/by M G Kulkarni for Respondent No.2. Mr. Rahul L Nerlekar for Respondent No.3. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 05th May 2010 P.C. : 1 Not on Board. Upon production taken on Board. 2 The counsel for the Council of Architecture has handed in the communication dated 16th April 2010 addressed to the Vice Chancellor of University of Pune and other authorities. 3 In view of the stand taken by the Council of Architecture in the said communication, we would dispose of this petition by directing the Respondent University to consider the eligibility of the Petitioner herein in the context of the contents of the above said 2 communication and if found appropriate and permissible as per the rules, may consider of holding separate examination for this Petitioner, as also viva voce in accordance with law. The University may work out the modality of holding such examination and viva voce, as may be convenient to it. 4 In case, the University decides the issue regarding eligibility of the Petitioner against the Petitioner shall record reasons therefor and communicate that decision to the concerned Petitioner by tomorrow 5 pm. 5 It is made clear that in case the Petitioner is required to challenge the decision of the University on the point of eligibility, it will be open to the Petitioners to agitate the question regarding validity of concerned provisions as well as the decision in question. All aspects in that event are left open. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)