Bombay High Court
Param Shitalkumar Mori vs Balwant Sheth School Of Architecture ... on 16 October, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE 915-wp-13520-2025.odt
Date: 2025.10.16
20:20:26 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13520 OF 2025
Param Shitalkumar Mori ... Petitioner
versus
Balwant Sheth School of Architecture,
Vile Parle & Ors. ... Respondents
...
Ms.Prabha Badadare with Mr.Omkar Nagvekar for the Petitioner.
Mr.Milind Sathe, Senior Advocate with Mr. Gaurav Srivastav. Ms.Kavita
Srivastav Sharan and Ms.Malika Mondal i/b. S.K.Srivastav & Co. for
Respondent Nos. 1 and 2- Management.
Mr.Karan S. Thorat, 'B' Panel Counsel with Ms.Nisha Mehra, AGP for
Respondent No.3-State.
...
CORAM : RAVINDRA V. GHUGE &
ASHWIN D. BHOBE, JJ.
DATE : OCTOBER 16, 2025
P.C:
1. We direct the Petitioner to add the Registrar, Council of
Architecture, as Respondent No.4. Addition be carried out forthwith.
2. Issue notice to the newly added Respondent, returnable on 26th
November, 2025.
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3. We have heard the learned Advocate for the Petitioner and the
learned Senior Advocate on behalf of Respondent Nos. 1 and 2,
Management. The learned 'B' Panel Counsel appears on behalf of
Respondent No.3 State.
4. Prima facie, the facts are glaring and the same are summarized
as under :
(a) The National Aptitude Test in Architecture (NATA),
conducted by the Council of Architecture, which is the
nodal body, mandates in Clause 10.3 as follows:
"10.3 Validity of NATA -2023 Score
NATA- 2023 score shall be valid only for admission in
the academic session 2023-2024".
(b) The Petitioner makes a solemn statement, though not
pleaded in the memo of the Petition, that after scoring 112
marks in the NATA 2023, he did not seek admission to
any College of Architecture;
(c) The NATA 2023 Score Card of the Petitioner
mentions in a large font that "This Score Card is valid for
the Academic Session 2023-2024 only";
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(d) The Petitioner applied for admission to the five-year
Bachelor of Architecture course with Respondent Nos. 1
and 2, in the academic year 2024-2025;
(e) The Petitioner did not appear for the NATA 2024
examination;
(f) Respondent Nos. 1 and 2 admitted the Petitioner in
the academic year 2024-2025;
(h) The relevant documents of the Petitioner were
forwarded to the added Respondent;
(i) Clause (8), sub-clause (iii) of the Information Handout
of the Respondent-Institute states as follows:
"If at any stage, it is found that a candidate does
not satisfy the eligibility criteria or the
information furnished by him/ her in the
application form is incorrect i.e. 10 +2
examination or Valid NATA Score, his/ her
admission to the course, even if selected, will
stand cancelled and fees will be forfeited".
5. The Council of Architecture informed the Respondent-
Management, vide communication dated 23rd September 2025, that the
Petitioner could not have been admitted to the five-year B. Arch course for
the academic year 2024-2025, as he had not appeared for the NATA 2024
examination, and his earlier NATA 2023 score was valid only for the
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academic year 2023-2024.
6. Until Respondent No. 4 took the decision to cancel the
Petitioner's admission, the Respondent-Management had permitted the
Petitioner to appear for the second semester out of a maximum of ten
semesters. The third semester examination, which is the first semester of
the second year, is scheduled to start on 28th October, 2025.
7. Respondent No. 4, the Council of Architecture, amended
Clause 10.3 in 2024 to provide that 'the NATA 2024 score shall be valid
for two academic years from the year in which appeared'. There is no
dispute that the Petitioner did not appear for the NATA 2024 examination
and was, therefore, not eligible to seek admission for the academic year
2024-2025.
8. Mr.Sathe, the learned Senior Advocate for the Respondent
Management, has tendered a compilation of 47 pages, which is taken on
record and collectively marked as 'X-1' for identification. He has also
tendered a compilation of four pages pertaining to the 2024 NATA
Information Brochure, which is taken on record and marked as 'X-2' for
identification.
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9. We are permitting the Petitioner to appear for the third
semester examination starting on 28th October, 2025, as we wish to hear
from the Council of Architecture, which has cancelled the Petitioner's
admission, as to whether there is any scope for regularizing the Petitioner's
admission. No doubt, prima facie, the record indicates that the Petitioner
was illegally admitted in the academic year 2024-2025.
10. As such, we permit the Petitioner to provisionally appear for
the third semester examination on the clear condition that the result shall
not be declared without the leave of this Court.
11. Though the submissions of the learned Advocate for the
Petitioner and the learned Senior Advocate for the Respondent-
Management have concluded, and we could have closed the matter for
judgment, we are listing this Petition on 26th November, 2025 at 3:00 pm
only to assess whether the Council of Architecture can consider the
possibility of regularizing such admission.
12. The Respondent Management is also at liberty to file its
affidavit in reply, on or before 14th November, 2025.
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13. Written notes of submissions by the parties shall be tendered
on 26th November, 2025.
14. No equities would be created in favour of the Petitioner by
virtue of this order permitting him to appear for the examination, as this
order is passed purely for the sake of convenience.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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