Saket Gyanpeeth v. University Of Mumbai And 2 ORS.

* 1/3 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1122 OF 2014 ALONGWITH NOTICE OF MOTION (L) NO. 529 OF 2015 IN WRIT PETITION NO. 1122 OF 2014 Saket Gyanpeeth

...Petitioner

V/s.

University of Mumbai and Ors.

...Respondents

ALONGWITH WRIT PETITION NO. 1124 OF 2014 Aniket Lalchandra Sharma and anr.

....Petitioners V/s.

University of Mumbai and Ors.

....Respondents * * * * * Mr. M.M. Vashi, Senior Counsel i/by. M/s. M.P. Vashi Associates, Advocate for the petitioner in both writ petitions and for applicant in NMW-529-2015.

Mr. Rui A. Rodrigues, Advocate for respondent no.1 in both writ petitions.

* 2/3 * Mr. Amit Shastri, Assistant Government Pleader, Advocate for State, respondent no.2 in both writ petitions. CORAM :- CORAM :- B.R.GAVAI & B.R.GAVAI & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 13TH NOVEMBER, 2017.

13TH NOVEMBER, 2017.

P.C. :- P.C. :- 1.

Rule. Rule made returnable forthwith. Heard by consent.

2.

The petitioners have approached this Court for a declaration that the petitioner in Writ Petition No. 1122 of 2014 is not required to take permission of respondent no.2, State to start the new course i.e. B.Com (Accounting and Finance). Subsequent to the filing of the petition, the petitioner has received the permission from the State Government for starting the said course w.e.f. 19th September, 2016.

2.

As such, the only question that remains is of 31 students in Writ Petition No. 1124 of 2014 who had

* 3/3 * undertaken the said course prior to the permission being granted by the State Government.

3.

We find that, in view of the position in law as it existed at the relevant time, the career of the said 31 students deserves to be protected. It is further to be noted that, they were permitted to appear for the examination, as well as, their results were directed to be declared under the orders of this Court.

4.

In that view of the matter, we dispose off the petitions by directing that the studies undertaken by the said 31 students to be treated as legal and valid. 5.

In view of disposal of the petitions, the Notice of Motions do not survive. The same are accordingly disposed off.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (B.R. GAVAI, J) (B.R. GAVAI, J)