224wp1731.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1731 of 2010 (Satpal Singh Raspal Singh Renu .vs. Rashtrasant Tukdoji Maharaj, Nagpur University) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and F. M. Reis, JJ. Date : 22/04/2010. Heard Mr. S. V. Akolkar, Adv. for the petitioner and Mr.B.G.Kulkarni, Adv. for respondent. Learned Counsel for the petitioner has submitted that the petitioner is a student pursuing five years LL.B. Course. It is submitted that the petitioner has appeared in the 8th Semester examination which was held in March, 2009; however, failed in one subject i.e. Public International Law and hence, the petitioner again appeared in the Supplementary examination in the said subject in Winter 2009; however, the petitioner was again declared unsuccessful. The petitioner, as per the procedure, made a request for re-assessment of answer book of the said subject. Hence, the University has forwarded said paper to expert in the subject for re- assessment. However, the process is underway and no decision till date has been taken by the expert in this regard. Learned Counsel for the petitioner has submitted that the 10th Semester examination is scheduled on 27th April, 2010 and 224wp1731.10.odt 2 . examination form of the petitioner was not accepted by the respondent/University on the ground that the petitioner has failed to clear all the subjects of 8th Semester. It is, therefore, prayed that direction be given to the respondent to permit the petitioner to provisionally appear in the 10th Semester examination which commences from 27th April, 2010. It is further submitted that the petitioner shall not claim any equity on the basis of said permission and result of the examination shall be subject to decision of expert in respect of re-assessment of the paper i.e. Public International Law. Mr.B.G.Kulkarni, Adv. for the respondent does not dispute the factual aspect of the matter and states that, on the request of the petitioner, the answer book of the subject Public International Law is forwarded to the expert for re-assessment and his decision is awaited. Considered the rival contentions. In the backdrop of the above referred undisputed facts, it is evident that re-assessment process is pending and expert has not taken any decision in this regard. However, the 10th Semester examination commences from 27th April, 2010 and therefore, in the interest of justice, we direct the respondent to permit the petitioner to appear in the said examination provisionally provided the petitioner is otherwise qualified and eligible to appear in the examination. Result of the said examination will be subject to decision of the expert who is re- assessing the answer book of International Law. The petitioner shall not claim any equity on the basis of permission granted by us to provisionally appear in the 10th Semester examination. The petitioner undertakes to submit the examination form to the competent Authority on 23rd April, 2010. With these observations and directions, the petition is 224wp1731.10.odt 3 . disposed of. Copy of this order duly authenticated be supplied to the learned Counsel for the respective counsel. JUDGE JUDGE jais