(1) wp3066-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3066 OF 2011 Nitin Raosaheb Bansode PETITIONER VERSUS The North Maharashtra University, Jalgaon, through its Vice Chancellor/ Registrar. RESPONDENT .... Mr. S.K. Shinde, advocate for the petitioner. Mr. A.B. Girase, advocate for the respondent. .... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 20th APRIL, 2011 ORAL ORDER (PER - M.T. JOSHI, J.) : 1. Rule. Rule made returnable forthwith and by consent of learned counsel for the parties, heard finally. 2. By the present Writ Petition, the petitioner seeks direction to the respondent-North Maharashtra University, Jalgaon to allow him to appear for the (2) wp3066-11 examination for one of the subjects of third year i.e. Dynamics of Machinery-II and for all subjects of forth year of Mechanical Engineering, which are going to be held in May, 2011. 3. The petitioner took admission for the first year of Engineering (Mechanical) Course in the year 1997-1998. He could complete his first year by May, 2005, second year by 2007. Thereafter, he could not successfully pass third year, as he failed in various subjects from time to time. Ultimately, in the examination held in May, 2009, he succeeded in clearing all but one subject and, therefore, he was granted A.T.K.T. i.e. he was allowed to seek admission in fourth year, subject to passing of the subject i.e. Dynamics of Machinery-II of third year. However, since he failed, he applied for discretionary relief under Ordinance 67 of the University. The same was refused by the respondent. Therefore, the present writ petition. 4. We have heard learned counsel for both the parties. (3) wp3066-11 5. The petitioner filed at Exhibit "E", a letter dated 6th March, 2009, where-under, by invoking the discretionary powers under Ordinance 67, the petitioner was allowed to appear for third year examination held in May, 2009, as a last chance. However, the petitioner failed in one of the subjects, namely, Dynamics of Machinery-II and he again sought to invoke the discretionary powers of the Vice Chancellor under Ordinance 67 and the same was rejected vide the impugned letter dated 9th March, 2011. It is an admitted fact that earlier, there was a provision for clearing the Bachelor's Degree course within a period of eight years, which has now been extended to ten years. The petitioner had admittedly taken admission in the year 1997-1998 and was unable to clear the Degree course in ten years. Despite this fact, the Vice Chancellor had earlier exercised his discretionary powers under Ordinance 67(B). In the circumstances, his refusal to exercise the said discretion for the second time, cannot be called as arbitrary or unreasonable. Thus, the impugned order does not call for interference in (4) wp3066-11 the extra-ordinary writ jurisdiction of this Court. 6. In view of the above circumstances, Writ Petition is dismissed. Rule discharged. [M.T. JOSHI, J.] [D.B. BHOSALE, J.] NPJ/wp3066-11