1 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.393 of 2010 1.Progressive Education Society and another. ...Petitioners vs. 1.Pune University & ors. ...Respondents --- Mr.A.V.Anturkar @ Mr.Sugandh B.Deshmukh, for Petitioners. Mr.G.S.Kulkarni & Mrs.M.G.Kulkarni, for Respondent nos.1 & 2. Mr.S.R.Nargolkar, AGP for Respondent no.3. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 17TH FEBRUARY,2010 2 P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2. It is common ground that the petitioners have been permitted to conduct classes in the course of Master in Education (Special Education)-Hearing Impairment by Respondent no.3-Rehabilitation Council of India, the State Government as also the Pune University to which the petitioners are affiliated from the academic year 2009-10. It is also common ground that authority to frame the syllabus is with the Pune University to which the petitioners are affiliated. But so far as the academic year 2009-10 is concerned, the Pune University has not even initiated steps for framing syllabus though for the next academic year viz. 2010-11 a sub-committee was constituted by the Pune University for framing a syllabus and that the sub- committee has framed the syllabus which was also placed before the Board of Studies of Pune 3 University on 15.2.2010 for its consideration and after approval of Board of Studies it will go before the Academic Council. 3. So far as the academic year 2009-10 is concerned, the fact remains that the University has not framed any syllabus and the examinations are to be held in the month of March-April,2010. But it is also common ground that the syllabus has been framed by Respondent no.3-Rehabilitation Council. Keeping in the mind the interest of the students and the factual situation, in our opinion, the following order would meet the ends of justice:- (i) So far as the academic year 2009-10 is concerned, the Respondent no.1-University shall conduct the examination of the students as per the syllabus framed by Respondent no.3-Rehabilitation Council and permit the students to appear for those examination. So far as the academic year 2010-11 is concerned, the University shall complete the process 4 of framing syllabus as expeditiously as possible in any case before 30th March,2010. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH,J.) (A.R.JOSHI,J.)