Bombay High Court
Shamanand Nandramdas Bairagi vs The State Of Maharashtra Through The ... on 7 April, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
Digitally
signed by
2025:BHC-AS:16192-DB
SNEHA
SNEHA ABHAY
ABHAY DIXIT
DIXIT Date:
2025.04.07
20:37:13
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4602 OF 2025
Shamanand Nandramdas Bairagi, ]
R/of Tapovan, Panchavati, Nashik ] .. Petitioner
Versus
1. The State of Maharashtra, ]
Through Education Department ]
2. The Controller of Examinations, ]
Savitribai Phule University, Pune ]
3. The Director, ]
Board of Examinations and Evaluation ]
Department, Savitribai Phule Univeristy, Pune ]
4. The Principal, ]
Gokhale Education Society's H.P.T. Art & ]
R.Y.K. Science College, Nashik ] .. Respondents
Mr. Sachin D. Kadam, Advocate for the Petitioner.
Mr. Y.D. Patil, Assistant Government Pleader for Respondent No.1.
Mr. Rajendra Anabhule, Advocate for Respondent Nos.2 and 3.
Mr. V.S. Talkute, Advocate for Respondent No.4.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 7TH APRIL 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule Rule made returnable forthwith and heard learned counsel for
the parties.
2. The petitioner, a third year student pursuing the Bachelor of Arts
7-WP-4602-2025.doc
Dixit
(B.A.) course with the Respondent no.4 - College affiliated to the
Savitribai Phule University, Pune, has approached this Court being
aggrieved by the communication dated 13th March 2025 issued by the
University informing him that he was not eligible for filling-in form of the
5th Semester Examination in April - May 2025. Instead, he has been told
to fill-in the said Form in October-November Session 2025.
3. We have perused the writ petition as well as documents filed along
with it and heard the learned counsel for the parties. It is not in dispute
that in the subject of "Introduction to Social Psychology", the petitioner's
mark-sheet for the First Year Bachelor of Arts course indicated "14" marks.
The same was however corrected to "28" marks and thus the petitioner
had passed the said examination pursuant to re-evaluation. It appears that
on account of some technical issues, the petitioner's marks could not be
communicated by the College to the University. It is for this reason that
the University was of the view that the petitioner can appear only in
October-November Session - 2025 on account of not clearing the subject of
"Introduction to Social Psychology".
4. The learned counsel appearing for the University does not dispute
the corrected marks of the petitioner. It is only on account of technical
reason that there was some delay in communicating the re-evaluated
7-WP-4602-2025.doc
Dixit
marks secured by the petitioner. Since the petitioner has satisfied the
necessary eligibility, he is entitled to appear for the 5 th and 6th Semester
Examination of the Three Year B.A. course in April-May 2025.
5. Accordingly, the writ petition is allowed in terms of prayer clause
(b), which reads as under :
"(b) That this Hon'ble Court be pleased to pass appropriate
writ, order or direction thereby directing the
Respondent Nos.2, 3 and 4 to allow the Petitioner to
fill in the examination form of 5th and 6th Semester of
Final 3rd Year B.A. Course and further allow the
Petitioner to appear for the said examination
scheduled to be held from 11th April 2025 for 6th
Semester and 5th May 2025 for 5th Semester of Final
Year B.A. Course."
6. Rule is made absolute in above terms. No costs. Parties to act on
authenticated copy of this order.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
signed by
SNEHA SNEHA
ABHAY DIXIT 7-WP-4602-2025.doc
ABHAY Date:
DIXIT 2025.04.07
17:47:40
Dixit
+0530
