(1) WP 5415.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5415 OF 2011 Sandeep S/o Pandharinath More, Age : 21 years, Occu.: Student, R/o Deverjan Tq. Udgir, Dist. Latur PETITIONER VERSUS 1. The State of Maharashtra Through Director of Technical Education, Maharashtra State, Mumbai 2. The Joint Director of Technical Education, Aurangabad 3. The Secretary, Maharashtra State Board of Technical Education, Pune 4. The Principal, Maharashtra College of Pharmacy, Nilanga, Tq. Nilanga, Dist. Latur RESPONDENTS ..... Mr. Pratap Rodge, Advocate for the Petitioner. Mr. V.H. Dighe, A.G.P. for the Respondent-State. None present for respondent no.4 though served. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 20TH AUGUST, 2011 JUDGMENT (PER : M.T. JOSHI, J.): 1. Rule. Rule made returnable forthwith. Heard by consent. (2) WP 5415.2011 2. The petitioner is seeking direction to the respondent no.3 Maharashtra State Board of Technical Education to declare the result of the petitioner for the second year B.Pharmacy course conducted in the year April/May, 2011. 3. According to the petitioner, he was admitted to the course of B.Pharmacy in the respondent no.4 College. He has secured 63.93% marks in S.S.C. examination and 59.33% marks in H.S.C. examination. Thereafter, he was granted admission to D. Pharmacy course (2 year course) in the year 2007, which he successfully cleared by securing 70.60% marks. Thereafter, he was given admission to the second year B. Pharmacy, however, the results are withheld. Though he has undergone the examination conducted by the respondent no.3 in the month of April/May, 2011. 4. The respondent nos. 1 and 2 have filed affidavit-in-reply. It was stated that a candidate is eligible for direct admission to the second year of four year degree course in Pharmacy, inter-alia, only if he had passed in first class/first class with (3) WP 5415.2011 condonation in post H.S.C. diploma course in Pharmacy. However, as the petitioner has not secured first class or first class with condonation in post diploma Pharmacy, he was not even eligible for the admission. However, since he has filed an on-line application showing that the class of the diploma as first class, he was allotted the seat and, therefore, when he was found to be ineligible, his result is withheld. 5. It is not disputed that at the time of seeking admission, the petitioner has also supplied the copy of the marksheet which showed that the petitioner has secured 70.60% marks and his gradation was shown as "pass class". Thus, it is not the case that at the time of admission, the petitioner has suppressed that his class is shown only as pass class due to the second attempt taken by him for passing diploma course. 6. In the case of Shri Krishan V. Kurukshetra University reported in AIR 1976 S.C. 376, the Apex Court has held as under:- (4) WP 5415.2011 "Once the candidate is allowed to take the examination, rightly or wrongly, then the statute which empowers the University to withdraw the candidature of the applicant has worked itself out and the candidate cannot be refused admission subsequently for any infirmity which should have been looked into before giving the candidate permission to appear." It was found by the Apex Court that when the student gives all the information at the time of seeking admission, it would be for the University authority to scrutinize the admission form filled by the student. If no care is taken in scrutinizing the admission form, the question of the candidate committing the fraud would not arise and, therefore, his admission cannot be cancelled. 7. In view of the above circumstances, Writ Petition will have to be allowed. Rule is made absolute by quashing the communication of the respondents thereby cancelling the admission of the petitioner. We hold that the petitioner is entitled to complete the B.Pharmacy course. It is directed that the result of the petitioner's examination for B.Pharmacy Second Year examination be declared within a period of two weeks from today. If the petitioner (5) WP 5415.2011 is found to be successful, he shall be permitted to prosecute further studies till the completion of the course. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/