1012wp4595.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4595 OF 2009 (RASIKA D/O SURESH VAIRAGADE VS. R.T.M. NAGPUR UNIVERSITY) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 10th DECEMBER, 2009. Heard Mr. S. V. Akolkar, learned Counsel for the petitioner and Mr. B. G. Kulkarni, learned Counsel for the respondent-University. Counsel for the petitioner has submitted that since the examination form of the petitioner for 5th Semester of Bachelor of Engineering course was not accepted by the respondent-University though the petitioner was permitted to appear provisionally in the said Semester, the petitioner has approached to this Court for appropriate direction. Counsel for the petitioner further submitted that the facts which are not in dispute are; that the petitioner appeared for first year B. E. Examination held in Summer-2009. The result of the said examination was declared on 26/6/2009 and the petitioner was declared fail in Mathematics subject. The petitioner applied for certified xerox copy of the answer book to the University. The Authorities of the University while going through the marks allotted to the answers given by the petitioner in the answer book found that totalling of marks was not properly done, and therefore, done the 1012wp4595.09.odt 2/2 re-totalling of the marks and found that the total marks received by the petitioner were wrongly calculated and after right calculation of the marks, the petitioner was declared successful on 01/9/2009. The cut- off date as per the University calender was 02/9/2009 for admission to 5th Semester course. Since the petitioner was declared successful in the subject Maths of first year B. E. examination on 01/9/2009, he was eligible to be admitted to 5th Semester, and therefore, the admission of the petitioner was valid. The learned Counsel for the petitioner, therefore, submitted that direction be given to the respondent- University to regularize admission of the petitioner for B. E. 5th Semester. Learned Counsel for the respondent-University does not dispute the factual and legal aspects of the matter. In the backdrop of the above referred facts, it appears that though initially the petitioner was declared unsuccessful in the subject Maths, however, at the latter point of time, i.e. after re-totalling of marks, the petitioner was declared successful in the said subject and the cut-off date being 02/9/2009, the petitioner was eligible to be admitted to 5th Semester, and therefore, we direct the respondent- University to regularize the admission of the petitioner for 5th Semester. With the above observation and declaration, the writ petition is disposed of. JUDGE JUDGE wwl