-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 6703 of 2009 Miss Prachi S. Giri. ..Petitioner. Versus University of Pune & Others. ..Respondents. Mr. M. T. Narvekar for the Petitioner. Mr. Girish Kulkarni a/w Smt. M. G. Kulkarni for the Respondent no.1. Mr. S. R. Borulkar a/w Mr. A. B. Vaghyani, AGP for the Respondent nos. 2 & 3 – State. Coram : S. B. Mhase & R. M. Savant, JJ. Date : October 8, 2009. P. C. : 1. Heard. The Petitioner was a student of 3rd year of Bachelor of Fine Arts (Applied Arts) [for short, “BFA”] in the Respondent no.3 college. The dispute is in respect of the final examination for the said 3rd year of BFA which was held in the academic year 2007-08. The dispute more especially is as regards the internal assessment which is to be done on the basis of the attendance of the Petitioner as well as the assignments to be submitted by the Petitioner. It is the case of the Petitioner that she was punctual in attendance and has submitted 42 assignments for the 8 papers for the said 3rd year of BFA. -: 2 :- However, it is the case of the Respondent No.3 college that the Petitioner used to remain absent habitually and save and except 2 assignments the petitioner has not completed her work in so far as the submission of the assignments is concerned. There is thus a serious dispute between the parties as regards the attendance as well as submission of assignments by the Petitioner. The Petitioner has addressed letters to the Respondent no.1 University in that behalf and has sought its intervention. Considering the dispute between the parties it is not possible for us sitting in writ jurisdiction under Article 226 of the Constitution of India to embark upon an exercise of investigating the said disputed facts. Admittedly, the Respondent no. 3 is affiliated to the Respondent no.1 University and therefore the University has got the necessary jurisdiction to intervene in the academic matters. In our view, therefore, it would be appropriate to direct the University to appoint an officer who would go into the said disputed aspects as regards the attendance of the petitioner as well as whether the assignments were in fact submitted by the Petitioner. The said Officer appointed by the University would hear the petitioner and consider the material on which the Petitioner seeks to rely and would also afford an opportunity to the Respondent No.3 -: 3 :- institute and would also consider the material on which the said institute relies. After carrying out the said exercise the said Officer would make a report to the University on the basis of which the University would issue appropriate directions to the Respondent No.3 College. Contingent upon the said report and decision of the University depends the result of the Petitioner for the said academic year. With the aforestated observations the above writ petition is disposed of. (R.M.SAVANT, J.) (S.B.MHASE, J.)