1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1504 OF 2008 WRIT PETITION NO. 1504 OF 2008 WRIT PETITION NO. 1504 OF 2008 Ramdas Baban Wavhal. .. Petitioner. vs. The Vice-Chancelor, University of Mumbai & Ors. .. Respondents. The Petitioner in person present. Mr. Rui Rodrigues for Respondent No. 1. Mr. Atul Damle for Respondent No.2. Mr. Divesh Chamboowala for Respondent No.5. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & P.D. KODE,, JJ. P.D. KODE,, JJ. P.D. KODE,, JJ. DATE: 17TH FEBRUARY, 2009. DATE: 17TH FEBRUARY, 2009. DATE: 17TH FEBRUARY, 2009. P.C. . Heard. 2. The petitioner has filed this petition in person invoking the extra-ordinary jurisdiction of this Court to declare that the M.Com Degree conferred by Annamalai University is equivalent to degree rather than more than equivalent within the meaning of admission rules given in circular No.UC.368/2001 dated 2 20.10.2001 issued by the Academic Council of respondent University of Mumbai by placing reliance on Rule SR. 129 and claims to be eligible for being admitted to the LL.B., Three Year Degree Course and other ancillary reliefs. The petitioner also seeks a declaration that the Bachelor’s Degree as insisted upon by the respondent University from a recognised university being the eligibility criteria for admission to LL.B. Three Year Degree Course is not the eligibility criteria. 3. This Court taking a sympathetic view passed certain interim orders from time to time in favour of the petitioner to seek admission to First Year Course of Three Year LL.B. course conducted by the University of Mumbai which is recognised by the Bar Council of India and also by the Bar Council of Maharashtra and Goa. Not only this, this Court went a step further and permitted him to fill in the admission form and examination form to enable him to appear for the First Year LL.B. examination if he is otherwise found eligible. 4. On all these occasions, this Court has been awaiting the affidavit in reply by the newly added Respondent No. 5. Though the respondent no. 5 has been served and is represented by counsel, in spite of giving several opportunities it failed to respond to the writ of this Court by filing an affidavit in reply 3 to show that the M.Com. degree obtained by the petitioner in August, 2004 from the Respondent Annamalai University under the Distance Education - Open University Scheme of Unnamalai University is duly recognised by UGC particularly in the back-drop that an admission to a post-graduate degree of M.Com. is given even to persons who do not possess a Bachelor’s Degree of any recognised university and the University Grants Commission. On the last occasion, we had clearly observed that if no affidavit in reply is filed by the Registrar of Annamalai University, this court would take appropriate action including imposition of compensatory costs. 5. Today, the learned counsel appearing for Annamalai University submits that the respondent Annamalai University has not instructed him or sent any affidavit in reply. On the other hand, he has tried to canvass before the court that he has instructions to say that the Annamalai University has preferred a SLP against the judgment of the Madras High Court dated 4.2.2008 in writ Petition Nos. 121 of 2005, 82 of 2006 and 36307 of 2004 in the Supreme Court in which the issue is identical and the Supreme Court has reserved its judgment. Copies of the judgment of the Division Bench of the Madras High Court in the aforesaid matters and that of the Supreme Court are placed on record. 6. We need not wait further in the matter to 4 dispose of this petition. What we find is that the question is squarely covered by the decision of the Supreme Court in the case of Guru Nanak Dev University vs. Sanjay Kumar Katwal and another, reported in (2009) 1 SSC 610 in which the very issue was considered as to whether the admission to LL.B. Degree Course without obtaining Bachelor’s Degree could be entertained. There is no dispute over the fact that the prescribed qualification by the University of Mumbai to take admission in the Three Year Bachelor’s of Law Examination, the requisite qualification is Bachelor’s Degree. The respondent in the said case had obtained a Master’s degree from the very respondent University before this Court i.e. Annamalai University under the Distance Education - Open University Scheme of Unnamalai University which conferred the Master’s degree without petitioner having a Bachelor’s degree. The Supreme Court held that this does not qualify a candidate to admission to Three Years LL.B. Course. Therefore, we find no merits in the petition. 7. We impose costs of Rs. 50,000/- on the Annamalai University for not responding to the writ of this Court. Costs be paid by the Registrar of Annamalai University within a period of four weeks from the date of this order. On failure to comply with the order of this court, the Collector, Mumbai would recover the same as fine by resorting to the provisions of the Maharashtra Land Revenue Code. For that 5 appropriate precept be forwarded by the Collector, Mumbai to his conter-part within whose jurisdiction Annamalai University has its head quarters. The petition is dismissed. All interim orders stand vacated. 8. In order to safeguard the interest of the petitioner, who probably appears to be the victim of the misrepresentation made by Annamalai University, we direct the respondent Annamalai University, the Law College at Thane and the University of Mumbai to refund to the petitioner the admission fee, tuition fee / examination fee after deducting their actual expenses. The petitioner is at liberty to sue Annamalai University in an appropriate court of law if so advised. On depositing of costs by the Registrar of Annamalai University or if the same is recovered, the Collector of Mumbai shall credit a sum of Rs. 25,000/- in the account of the High Court Legal Aid Committee of the High Court of Bombay and a sum of Rs. 25,000/- be paid to the petitioner. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (P.D. Kode, J.) (P.D. Kode, J.) (P.D. Kode, J.)