IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6536 OF 2005. Mahima K. Sharma ....... Petitioner V/s The Director, Symbiosis Institute of Management Studies & Ors.. ...... Respondents. Mr.A.K.Apte, Adv. For the petitioner. Mr.S.B. Deshmukh, Adv. for respondents 1 and 2. CORAM: V.G. PALSHIKAR, Ag. C.J. AND D.B. BHOSALE, J. 17th Nov., 2005. PC: By this petition the petitioner questions cancellation of her admission in the full time course of PGDM. The admission was granted provisionally as at the time when the admission test etc. were conducted the result of graduate ship examination of the petitioner was not declared. 2. It is a necessary requirement for eligibility that the candidate applying for such course should have 50% marks in graduate. Results were declared in July, 2005 and the petitioner passed the graduate examination but did not secure 50% 1 marks. Thereafter the admission granted to the petitioner provisionally was canceled which cancellation is impugned in this petition. 3. The conditions of eligibility were mentioned in the brochure supplied to the students claiming admission. It very clearly states that the requirement of minimum 50% of marks exists but is postponed in case of those students whose results were awaited. That being the situation factually having failed to obtain required number of marks no fault can be found with the action of the respondents in not continuing the admission of the petitioner. In the result therefore the petition fails and is rejected. The petitioner shall be at liberty to apply for refund of fees to the institution. 2