. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3819 OF 2007 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S.D. Patil for the petitioner. Mr.Girish Kulkarni with Ms.Swati Deshmukh i/b Mr.M.G. Kulkarni for respondent no.1. Mr.R.D. Rane, Government Pleader, for respondent no.2. CORAM : S.B. MHASE & D.G. KARNIK, JJ. DATE : 20TH SEPTEMBER 2007 P.C. P.C. P.C. : 1. Heard. 2. The petitioner seeks that the marks obtained by him in the previous attempt may be carried forward in the next attempt. The petitioner relies upon clause 3 of Ordinance No.140-A of the University of Poona for the said purpose. The clause 3 is applicable subject to the condition mentioned in the sub-clauses, and one of the sub-clauses, i.e. sub-clause (c), is that the examinee must not have failed - 2 - in more than one subject head of passing. Mark sheet at page 7 of the writ petition shows that the petitioner had failed in two subjects, namely subject no.501 and subject no.504 in the previous examination. Therefore, clause 3 of Ordinance 140-A was not applicable to him. 3. In the circumstances, there is no merit in the petition. Petition is accordingly rejected. (D.G. KARNIK, J.) (S.B. MHASE, J.)