:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.76 OF 2009 Varum Gomber. ..Petitioner. Vs. NMIMS University. ..Respondent. Mr. K.S. Jain along with Tushar Goradia and Nisha Parmar for the Petitioner. Mr.A.A. Kumbhakoni along with Mr. Narayan Sahu i/by S.K. Srivastava & Co. for the Respondent. CORAM : Dr. D.Y CHANDRACHUD, J. & R.S. MOHITE, J. DATE : 6TH MARCH,2009. ORAL ORAL ORAL ORDER : ORDER : ORDER : 1. The petitioner applied for admission to the respondent for the MBA degree course commencing from the academic year 2008-2009. The qualifying degree on the basis of which the application for admission was made was the Bachelor of Arts from the University of Delhi. The minimum eligibility criteria for admission for the MBA degree was a Bachelors Degree from a recognized University with a minimum of 50% marks in the aggregate. The petitioner was granted provisional admission since the result of the final year of the B.A. degree examination was awaited. On 31st March, 2008, the respondent accordingly intimated the petitioner regarding the grant of provisional admission to him. The letter required the petitioner to submit his :2: statement of marks and the provisional certificate of passing of the degree examination on or before 30th August, 2008, failing which his candidature would stand cancelled and the fees paid would not be refunded. On 21st August, 2008, a notice was put up by the respondent for the information of all the students requiring them to submit their statement of marks for the final year of the B.A. degree by 30th August, 2008 failing which admission would stand cancelled. The petitioner was also called upon to do so by a letter dated 15th October, 2008. 2. It is now an admitted position before the court that the petitioner has failed to pass the B.A. Degree examination from the University of Delhi prior to the cut off date. In fact, it is the case of the petitioner that on 22nd March, 2008, he was scheduled to appear for the Viva voce examination of the University of Delhi but he was unable to appear for the examination. Notwithstanding this, it appears from the admission form which was filled up by the petitioner on 8th April, 2008 that the statement which he made was that he was awaiting the result of the B.A. degree course. In a sense, the petitioner was indeed awaiting the result of the final year B.A. examination. But it was clearly within his knowledge that by failing to appear for the Viva voce examination, he had disabled himself from :3: passing the B.A. degree examination when the result would be declared of the examination which was held in March/April, 2008. This, the petitioner suppressed. 3. On 23rd October, 2008, the petitioner was informed by the respondent that on verifying the statement of marks submitted by him, it was observed that he had not cleared the final year of the B.A. examination held in the month of April,2008 and therefore, he did not fulfil the criteria of eligibility of the University. Eventually, by a communication dated 11th November, 2008, the petitioner was informed that since he had failed to fulfil the eligibility criteria, his admission to the MBA degree course stands cancelled. This proceeding is instituted in order to challenge the communication issued by the University on 23rd October, 2008 informing the petitioner of the cancellation of his admission. 4. On behalf of the petitioner, it has been submitted that subsequent to the institution of the petition, the petitioner has, in fact, passed the B.A. degree examination from the University of Delhi in the month of January, 2009 after reappearing for the examination in the supplementaries which were held in the month of December,2008. The subsequent passing of the degree examination by the petitioner would not entitle him to :4: relief. Clearly, on the cut off date prescribed by the respondent in accordance with the rules, namely 30th August, 2008, the petitioner did not fulfil the condition of eligibility. The grant of provisional admission to the petitioner by the respondent was conditional on his producing his mark sheet for the final year in token of his having passed the final year of the B.A. Degree examination. The petitioner was, in fact, not eligible to even apply for admission, since by not appearing for the Viva voce examination, he had disabled himself from passing the B.A. examination that had been conducted by the University of Delhi in April, 2008. In these circumstances, the petitioner having failed to meet the requirement of eligibility on the cut off date, the action of the respondent in cancelling his admission cannot be faulted. 5. Counsel on behalf of the petitioner submitted that the petitioner would be ready and willing to pay the entire fees for the next academic year namely 2009-2010 and that the petitioner may be permitted to take admission afresh for the first year of the MBA degree course without appearing for the common entrance examination. The request of the petitioner has not been accepted by the respondent. The learned counsel appearing for the respondent urged, and in our view with justification, that it would be impermissible to allow :5: the petitioner to obtain admission for the next academic year, 2009-2010, without appearing for the entrance examination which is a uniform requirement applicable to all students seeking admission to the MBA degree course. 6. In these circumstances, we find no merit in the petition. The petition accordingly, stands dismissed. (Dr. D.Y.CHANDRACHUD, J.) ( R.S. MOHITE, J.)