IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.403 OF 2009 Mahant Subhash Parekh and Anr. ..... Petitioners V/s. University of Mumbai ..... Respondents Mr.M.M.Vashi i/by M.P.Vashi and Associates, for the petitioners. Mr.Rui Rodrigues a/w Sagar Talekar, for the respondent. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 24TH APRIL, 2009. P.C. 1. By filing this petition, the petitioners have prayed that the respondent-University may be directed to extend the benefit under Circular No.UG/136/2000 (Exh.B) to the petition and Circular No.UG/507/03 (Exh.C) to the petition, by permitting the petitioners to keep terms for the VIth semester examination with the old syllabus for the examination to be conducted on 15th May, 2009. 2. The learned counsel for the respondent-University has placed on record a copy of the Circular of the University dated 19-06-2008, which reads as under : - “A reference is invited to this office Circular No.UG/468 of 2007 dated 20th November, 2007 relating to the Bachelor of Engineering degree course and the Principals of the affiliated colleges in 2 Engineering are hereby informed that the proposal of the Dean Faculty of Technology has been accepted by the Academic Council at its meeting held on 13th June, 2008 vide Item No.4.36 and that, in accordance therewith, the matter of conducting the examination of the candidates at the T.E. (Semesters V and VI) under the Old course has been considered as a special case and the candidates are allowed to appear for the T.E. (Sem.V and Sem.VI) examinations in all branches of Engineering under the B.E. (Old Course) for the last time in the Second Half of the year 2008 and First Half of the year, 2009. For that no request or application will be entertained by the University in this behalf under any circumstances”. MUMBAI-400 032 for REGISTRAR 19th June, 2008. 3. The learned counsel Shri Rodrigues for the respondent- University states that the University submits to the orders of the Court. It is not in dispute that the petitioners have already kept terms for the Vth Semester, but there is a deficiency in keeping of the terms in so far as VIth semester is concerned. Considering the peculiar facts and circumstances of the case, we direct that in case the respondent-colleges are in a position to take extra classes and allow the students to complete the term in so far as the VIth semester is concerned before the commencement of the examination i.e. before 15th May, 2009, the University shall permit the 3 concerned students to appear in the examination which is to be held on 15th May 2009. If the respondent-colleges conduct extra classes and allow the students to complete VIth semester, then in such an eventuality, the University shall allow the students to appear in the ensuing examination for both Vth and VIth Semester. This order is however, passed on the express condition that the colleges conduct extra classes and allow the petitioners to compete VIth semester before the start of the examination. It is clarified that in case the students are not in a position to complete VIth semester, they will be allowed to appear in the examination of Vth semester and then for VIth semester students will be subjected to the new syllabus from the forthcoming academic year. 4. Subject to what is stated above, the petition stands disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )