LAWS(BOM)-2011-3-62

SAMPAT NIYATI BAHADUR SHILPA Vs. UNIVERSITY OF MUMBAI

Decided On March 18, 2011
SAMPAT NIYATI BAHADUR SHILPA Appellant
V/S
UNIVERSITY OF MUMBAI Respondents

JUDGEMENT

(1.) Not on Board. Upon mentioning, taken on Board.

(2.) By this Petition, the petitioner, who is a student of Respondent No.2 College, has prayed for direction against the respondents to permit her to continue her Bachelor of Commerce (Financial Markets) Degree Course and allow her to appear in the ensuing 4th Semester examination to be conducted by the respondent No.2 college commencing from 21st March, 2011. The petitioner has been informed by the College vide communication dated 5th March, 2011 that she was ineligible for admission in B.Com. (FM) Degree Course, for which reason, consequent to discussion with the petitioner, her admission was transferred to B.Com. (General).

(3.) In the present Petition, the petitioner has already completed substantial portion of the B.Com. (FM) Degree course. In that, she has already passed out three out of six semesters with flying colours and was expected to appear in the examination of 4th Semester commencing from 21st March, 2011, but would be denied entry in the examination hall in view of the decision of the respondent No.2 communicated to her vide letter dated 5th March, 2011. The background in which such decision has been taken by the College is not stated in the said communication sent to the petitioner. The Counsel appearing for the Respondent No.2 College, however, has produced before us the letter sent by the Registrar of the University of Mumbai dated 3rd March, 2011 addressed to the Principal of the Respondent No.2 College. The reason can be found in the said communication. The basis for that decision is that the University after verification of the case of the petitioner found her to be ineligible to take admission in B.Com. (FM) Degree Course as she has not passed out the qualifying examination in one and the same attempt. That is the requirement of Ordinance No.O.5693 providing for eligibility criteria. The said communication reads thus: