1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.1370/2010 ( Ku. Varsha D/o Kawaduji Raut & others ..V/s.. Rashtrasant Tukdoji Maharaj Nagpur University, through its Registrar, Nagpur +1 ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.B. Bargat, counsel for the petitioners. Mr. B.G. Kulkarni, counsel for respondent no.1. Mr. S.V. Akolkar, counsel for the respondent no.2. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 22 nd MARCH , 2010 . Heard the learned counsel for the petitioners, the learned counsel for the respondent no.1 and the learned counsel for the respondent no.2. The grievance of the petitioner nos.1 to 19 is in respect of lapses on the part of the respondent no.2 – college in not forwarding the examination form ( B.Com. Part I ) of the petitioner nos.1 to 19 to the respondent no.1 – university on or before 30/11/2009, even thereafter till this date. Mr. Akolkar, the learned counsel for the respondent no.2 – college, has submitted that it was the mistake 2 of the concerned Clerk of the college and because of his negligence the examination forms of the petitioner nos.1 to 19 could not be forwarded to the respondent no.1 – university. It is further contended that the concerned Clerk was suspended and the departmental enquiry is pending against him. Mr. Kulkarni, the learned counsel for university, has submitted that the B. Com. Part I Examination has already been commenced from 19/3/2010 and one paper is already over out of seven papers. However, remaining papers are scheduled from 23/3/2010 onwards. It is contended that if this Court is inclined to issue directions to the respondent – college to forward the examination forms of the petitioner nos.1 to 19, in that event, the respondent – college may be directed to pay the late fee of Rs.10,000/- per student along with examination fee of Rs.200/- per student. Considered the contentions canvassed by the respective counsel for the parties. In the backdrop of the above referred facts, it is apparent that the petitioner nos.1 to 19 have submitted their examination forms to the 3 respondent - college well within time however, the same were not forwarded to the university by the concerned Clerk of the college and it was because of the negligence of the concerned clerk of the college the forms of petitioner nos.1 to 19 did not reach to respondent no.1 – university. No fault can be attributed to the petitioner nos.1 to 19 and the fault entirely lies with the respondent no.2- college. It is in these exceptional and peculiar circumstances, we direct the respondent - college to forward the examination forms of the petitioner nos.1 to 19 ( B.Com. Part I ) today itself to the university along with late fee of Rs.10,000/- per student coupled with examination fee of Rs.200/- per student. The university is directed to accept the forms as well as the late fee and the regular examination fee and permit the petitioner nos.1 to 19 to appear in remaining part of the B.Com part I examination. This direction has been issued keeping in view that only one paper out of seven of said examination is over. So far as the petitioner nos.20 to 34 are concerned, they are the students of Arts faculty and 4 B.A. Part I examination has already commenced and two papers out of five papers are already over. For the same reasons, referred herein above, we direct the respondent – college to forward the examination forms of the petitioner nos.20 to 34 ( B.A. Part I ) today itself to the university along with late fee of Rs.10,000/- per student coupled with examination fee of RS.200/-. The university is directed to accept the forms as well as the late fee and the regular examination fee and permit the petitioner nos.20 to 34 to appear remaining part of the B.A. Part examination. This direction has been issued keeping in view that two papers out of five papers of said examination are over. Steno copy allowed. JUDGE JUDGE Tambaskar.