Arunkumar Rattanlal Bhandral vs Registrar University Of Mumbai ...
2021 Latest Caselaw 12884 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION


                          WRIT PETITION NO.4727 OF 2021


      Arunkumar R. Bhandral                               ...Petitioner
            V/s.
      Registrar, University of Mumbai& Ors.               ...Respondents


      Mr.Sankalpa Rajpurohit for the Petitioner.

      Mr.Akshay Shinde for the Respondent Nos.1 and 2.

      Ms.Smita Gaidhani for the Respondent No.3.

                                     CORAM : R.D. DHANUKA &
                                             R.I. CHAGLA, JJ.

DATE : 8TH SEPTEMBER, 2021.

(THROUGH VIDEO CONFERENCE)

P.C. :-

1. Rule. Learned counsel appearing for the respondent

nos.1 and 2 waives service. Learned counsel appearing for the

respondent no.3 waives service.

2. By this petition filed under Article 226 of the Constitution

of India, the petitioner seeks direction against the respondent nos.1

and 2 to forthwith declare the result of the petitioner of 6 th semester

of the third year LL.B. decree course May, 2016 exam and for

quashing and setting aside the letter dated 20 th December, 2016

issued by the respondent no.1 communicating that due to delay in

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communicating the marks of the petitioner by the respondent no.3,

the respondent no.1 has rejected the request to consider the

practical marks of five students including the petitioner's under Rule

4439 of the University of Mumbai.

3. It is the case of the petitioner that the petitioner had

appeared for 6th semester of the third year LL.B. decree course May,

2016 Exam and declared passed in 3 out of 4 theory subjects and

one of practical subjects namely mentioned as paper no.5 in the

university gazette.

4. The petitioner thereafter appeared for the examination

and the mark sheet was issued by the University including practical

in one paper in which he has failed.

5. The petitioner was declared thereafter passed

subsequent to the mark sheet issued on 9th June, 2017.

6. The petitioner approached the respondent no.3 for

issuance of mark sheet and was informed by the respondent no.3

that the marks or practical has been sent to the University and the

University would issue the mark sheet.

7. The petitioner has thereafter kept following with the

respondent nos.1 and 3 vide communications dated 15 th November,

2016 and 20th December, 2016 for issuance of the mark sheet of 6 th

semester of the third year LL.B. decree course May, 2016 exam. By

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the impugned communication dated 20th December, 2016, the

respondent no.1 informed to the petitioner that due to delay in

communicating the marks of the petitioner after declaration of the

result, has rejected the request to consider the practical marks of five

students including the petitioner's mark under Rule 4439.

8. Being aggrieved by the impugned communication and

non-declaration of withholding the decision of the petitioner of 6 th

semester of the third year LL.B. decree course May, 2016 Exam by

accepting the practical mark of the petitioner, the present petition

has been filed.

9. Learned counsel for the petitioner has referred to and

relied upon the order dated 26 th July, 2019 passed by the Division

Bench of this Court in Writ Petition No.5449 of 2017 in case of

Priscilla Rebecca Rodrigues vs. Registrar, University of

Mumbai & Ors. He submitted that the petitioner had cleared the

practical - I and the theory paper. He has submitted that the

Division Bench of this Court had accepted the statement made by

the learned counsel holding that the University declare the result of

the petitioner therein for the first year, second and third semester

examination forthwith. He has also relied upon the decision of the

Division Bench of this Court in case of Writ Petition (Stamp) No.5226

of 2020 in case of Anil Maroti Vathode vs. University of Mumbai &

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Ors. decided on 21st December, 2020. This Court had held that the

the issue arisen in this case is squarely covered by the judgment and

order dated 26th July, 2019. In the facts of this case, the facts were

similar in that matter.

10. Learned counsel for the University has submitted that the

respondent no.3 college has forwarded the mark sheet of the

petitioner including the practical marks and that the respondent no.1

University will declare the result of the petitioner of 6 th semester of

the third year LL.B. decree course May, 2016 exam within two weeks

from today. Statement is accepted.

11. In view of the statement made by the learned counsel

for the respondent no.1 University, the University shall issue the mark

sheet for the 6th semester of the third year LL.B. decree course May,

2016 Exam within a period of two weeks from today.

12. The writ petition is accordingly disposed of. Rule is made

absolute. There shall be no order as to costs.

(R.I. CHAGLA, J.)                                (R.D. DHANUKA, J.)