Wp 1936/11 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1936/2011 Ms.Suman Kamta Prasad Agarwal Petitioner Vs. State of Maharashtra & Ors. Respondents Ms.Kavita Shelke for petitioner Mr.C.R.Sonawane ,AGP for Res.1 Mr.Rui Rodrigues for Res.2 & 3 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE 18th April,2011 P.C. The petitioner has been denied the hall ticket for examination which is commencing from 20th April,2011 of B.Ed.Course on the ground that she is ineligible. The petitioner has secured degree in B.Sc.from Kanpur university . However, the said degree has not been granted equivalence by the Mumbai University. In absence of recognition to the said course by the Mumbai University the petitioner was not eligible to be admitted to B.Ed.course in respondent no.4 -College. Accordingly, the decision of the University not permitting the petitioner to appear in the ensuing examination is concerned it cannot be faulted, since the petitioner is found to be ineligible. This decision was communicated to the petitioner on 27/1/2011 . In view of the above, we decline to grant any relief to the petitioner except to give liberty to approach the Chancellor of the Wp 1936/11 2 University to condone the eligibility criteria provided in O-517 (-E.I.C/7/2001) in respect of the petitioner in the peculiar facts of the present case. If such representation is made the Chancellor in exercise of powers under section 9 of the Maharashtra Universities Act may pass such directions as may be advised. We express no opinion in that regard. We also clarify that liberty given to the petitioner in terms of this order does not mean that we have expressed any opinion in favour of the petitioner so that the Chancellor would be required to relax the eligibility condition to the petitioner. As already observed the representation will have to be decided by the Chancellor in accordance with law on its own merits. If the decision is in favour of the petitioner, the petitioner may be free to pursue the recourse and appear for the examination to be held by the University hereafter . Petition is disposed of accordingly. (Mrs.Mridula Bhatkar,J.) (A.M.Khanwilkar,J.)