Shubham Bhausaheb Phatangare v. University Of Mumbai And ORS.

904-WP-9852-2017 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9852 OF 2017 Shubham Bhausaheb Phatangare ] Petitioner Vs.

University of Mumbai & Ors.

] Respondents ......

Mr. Avinash H. Fatangare, for petitioner.

Mr. A.R. Rodriques, for respondents No.1 and 2. Mr. Mahindra B. Deshmukh, for respondent No.3. ......

CORAM : B.R. GAVAI & SANDEEP K. SHINDE, J.J.

DATE : 15.11.2017.

P.C.

Petitioner has approached this Court praying for direction to the respondent to declare result of the petitioner in respect of K.T. Internal assessment examination held in November, 2016 for Mathematics-II subject in the Second Semester. Undisputedly, the petitioner has appeared for the said examination and cleared the said examination. However, only on the ground that he has not submitted the examination form for the said examination to the University, the University has not declared his result.

2.

It is the contention of the petitioner that the petitioner was a new student and as such was not aware about procedural

904-WP-9852-2017 aspects and it was for respondent No.3 to have informed the petitioner about the same. Per contra, it is the contention of respondent No.3 that requirement for submitting application form was duly displayed on the Notice Board. The petitioner has failed to take note of it.

3.

We do not propose to go into the controversy. It is undisputed that the petitioner has already appeared for examination and also cleared examination. Only on account of certain technical non compliance, his result is not declared. We find that on account of technical reason, career of the student should not be adversely affected.

4.

In that view of the matter, without going into the controversy, in the peculiar facts and circumstances of the case, Rule is made absolute in terms of prayer clauses (a) and (b). [SANDEEP K. SHINDE, J.] [B.R. GAVAI, J.]