IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 804 OF 2009 WRIT PETITION NO. 804 OF 2009 WRIT PETITION NO. 804 OF 2009 Ms. Rohini Harishchandra Desai Kalgutkar].. Petitioner Versus 1. University of Mumbai & 2 ors. ].. Respondents Mr. Jayant Gaikwad for the petitioner. Mr. Rui Rodrigues with Mr. B.V. Phadnis for the respondent No.1. Mr. Mahesh Vaswani for the respondent No.2. Mrs. M.P. Thakur for the respondent No.3. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 4TH FEBRUARY, 2009 P.C. : 1. Petitioner is a student of Ist Year LL.B. The petitioner’s attendance was inadequate. She appeared in the examination in May, 2008. She was found to be unsuccessful in three subjects and, therefore, declared as "failed". Thereafter, she made an application for revaluation and the revaluation result was declared in December, 2008. She has cleared two subjects out of the three subjects in which she was earlier declared failed. : 2 : 2. As a result of this, the petitioner is eligible to obtain admission to the IInd Year LL.b. course in ATKT category. However, since the revaluation results were declared in December, 2008, the respondent No.2-college is not in a position to grant admission. 3. Learned counsel for the petitioner contends that inspite of having been declared unsuccessful, the petitioner was attending the classes of IInd Year LL.B. course. However, the learned counsel appearing for the college submitted that actually the petitioner has not attended the classes. This matter is left to the scrutiny of the Principal of respondent No.2- college and the University. Mr. Rodrigues, the learned counsel for the University relies upon the Ordinance No.120 and he states that the case of the petitioner can be considered if the petitioner makes an application through her college. 4. Under the above circumstances, we find that the grievance of the petitioner can be redressed by giving the following directions: (a) The petitioner may make an application through her college to the University relying upon Ordinance No.120. (b) If such an application is made, the Principal of the college shall forthwith forward the said application with appropriate : 3 : recommendations to the University. (c) The University shall consider the said application sympathetically in accordance with the said Ordinance No.120 and shall take appropriate decision within a period of four weeks after receipt of the application by the University. 5. The Writ Petition stands disposed of on the above directions. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]