1 wpl2507.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2507 OF 2010 Sumangal Nevatia and others ..Petitioners Vs. University of Mumbai and another .. Respondents Mr.Mihir Desai for the Petitioners. Mr. R.A. Rodrigues for the Respondents. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 10TH FEBRUARY, 2011. P.C. 1. By way of this petition, the petitioners have challenged the order passed by the In-charge Director of Jamnalal Bajaj Institute of Management Studies dated 26th August, 2010. By the aforesaid order, the institute has decided to accept the report of the Unfair Means Inquiry Committee and the provisional permission granted to the petitioners to attend classes of third semester is withdrawn. The petitioners were directed to required to redo the first year of the MMS Course. The said decision is challenged by the petitioners by way of this petition. 2 wpl2507.10.sxw 2. The Consensus prevails between the parties to solve the issue in view of the suggestion made by the Court. It is not necessary to highlight the controversy in the matter in detail. On behalf of the University as well as Institute it is submitted by the learned Counsel that the petitioners may appear in the 1st semester examination in all the subjects de novo in May 2011 and subsequently they may appear in 4th Semester examination in December, 2011. He submits that he has made this submission by taking instructions from In-charge Director of the Institute, who is present in the Court. The learned Counsel Mr. Desai submitted that in case the students may be allowed to appear in the 1st semester as well as in the 4th Semester with other students without asking to appear as a special examination but if it is taken specially for them it may create difficulty as the petitioners have certain apprehensions in their minds. It is true that 1st semester examination wherein petitioners may now appear in May 2011 will be examination only for the petitioners and it will not be the general examination for all students and the same position will be regarding the 4th semester examination. It is for the University as well as Institute to consider whether the petitioners can be permitted to appear in the 4th Semester examination in May 2011 and 1st semester in December, 2011. This aspect is left to the University and Institute. Considering this aspect, we have no doubt in mind that the the institute will not have any grudge against the petitioners simply because they have filed petitions. However, as on today Mr. Rodrigues makes a statement that the petitioners shall be allowed to appear for the first semester in May 2011 and fourth semester in December 2011. The said statement is accepted. The respondents to act accordingly. However, the suggestion of the petitioners, which are incorporated above also can be considered by the University and Institute as deemed fit. We leave this aspect on the 3 wpl2507.10.sxw respondents, in case the course suggested by the students is permissible. 3. The result of the 2nd and 3rd semester examination may be declared within a month from today. Of course this order is also subject to the result of the 2nd and 3rd semester and Ordinance governing this aspect. It is clarified that the results of 4th semester examination shall not be declared unless the 1st semester examination is cleared by the petitioners. Since issue is resolved by the University and Institute, the Court appreciates the gesture on the part of the University in solving the dispute. This order however, may not be treated as precedent. It is also clarified that the petitioners who have undertaken the course in 2nd and 3rd semester are not required to again keep terms of the said semesters. Petition is disposed of accordingly. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)