1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4508 OF 2009 (NITESH PURUSHOTTAM NANDESHWAR...VS.. VICE CHANCELLOR, MAH.ANIMAL & FISHERIES SCIENCES UNIVERSITY & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S.Khubalkar, Advocate for Petitioner. Mr. A.R.Patil, Advocate for Respondents No.1 & 2. CORAM : V.C.DAGA & A.B.CHAUDHARI, JJ. DATE : DECEMBER 14, 2010. Heard learned counsel for the parties. 2. Perused the petition. 3. The petitioner is challenging letter dated 01.07.2009 issued by Nagpur Veterinary College, wherein, in accordance with Rule 9(18) of the Veterinary Academic Regulations (2002) for award of B.V.Sc. and A.H. Degree 2004-05 (AC/31/2003) whereby the petitioner is informed that he will not be permitted to register for first session of fourth year (VII Semester) or no registration shall be issued in his favour. Sub-clause (iii) of the Preamble of the Academic Regulations reads as under : “1. Short title and commencement : (i) …. (ii) …. (iii) It shall come in force from the academic year, 2004-2005 and shall be applicable to all the students irrespective of their year of admission.” 2 Whereas Clause 9(18) of the said Regulation reads as under : “9(18). Graduation requirement : A student undergoing instructions at the degree course shall have to complete successfully the requisite courses determined by the Academic Council from time to time. In addition, such student shall also have to achieve a minimum CGPA 5.00 in the 10 point scale. A student who has successfully completed the courses distributed over I to IX semesters and who has obtained CGPA of at least 5.00 shall work as internee at the places approved by the University for a period of six months. The student shall be considered eligible for the award of B.V. Sc. & A.H. Degree only after satisfactory completion of the internship programme. Maximum period of completion of B.V.Sc. & A.H. Degree programme shall be 10 years from the date of admission of the student.” (Emphasis supplied) 4. The learned counsel appearing for the petitioner submits that the aforesaid regulations are framed in exercise of powers under Section 30 of the Maharashtra Animal and Fisheries Sciences University Act, 1998. 5. He submits that there is no power to frame regulation with retrospective effect. As such the said regulations cannot be applied to the students who are already prosecuting their studies in the B. V. Sc. & A.H. Degree course notwithstanding repeated failures, may be for more than 10 years. 6. The above submission made is misplaced in view of the fact that these regulations are applicable from the date they are brought on the statute book. The regulations are not 3 being applied with retrospective effect. The admission for each academic year is fresh admission. Under these circumstances, the submission made is misplaced. 7. Second submission advanced is that, there is a conflict between Veterinary Academic Regulations (2002) and Veterinary Council of India (Standards of Veterinary Education Degree Course B.V.Sc. & A.H.) Regulation, 1993 (“Veterinary Regulations of 1993” for short) since no period is prescribed under the provisions of Veterinary Regulations of 1993. Whereas outer limit or period is being prescribed in the Regulations of 2002. We do not see any conflict between the two provisions. The submission made is misplaced. 8. The third submission made is that before bringing the regulation in to force an opportunity of hearing should have been given to the students community at large. The submission made is stated merely for rejection. 9. Last submission sought to be put into operation is that once admission is granted to the students, the authorities are estopped from cancelling the same. Reliance is placed on the judgment of Aurangabad Bench of this Court in Balasaheb Datta Jiglekar Vs. Union of India & oth. (Writ Petition No.6534/2009), dated 7th May, 2010. The submission made and reliance placed on the judgment is also devoid of any substance for the reasons given herein. 10. In case of Balasaheb Jiglekar, the student was already permitted to appear in the written test of last semester but he was prevented from appearing in final viva- voce examination since he did not complete the degree course within a period of ten years from the date of his admission. 4 11. In the peculiar facts of the case the Court permitted him to appear for oral examination. So far as the case in hand is concerned, the petitioner is in third year. Since past ten years he could not clear even third year. As a matter of fact, such student is expected to find some other avenue to prosecute his carrier then filing such petitions and wasting his valuable money and time in litigation. 12. In the above view of the matter, the petitioner has no case. The petition is, therefore, dismissed in limine. No order as to costs. JUDGE JUDGE RR..