Heena Dinesh Jadhav v. Head Of Department Department Of Law University Of Mumbai And 3 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2897 OF 2016 Heena Dinesh Jadhav

...Petitioner

vs.

Head of Department, Department of Law, University of Mumbai and Others

...Respondents

Mr. S.G. Rajput, for the Petitioner Mr. Rui Rodrigues, for Respondent Nos. 1 to 3. Ms. P.H. Kantharia, GP for Respondent No. 4.

CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

JANUARY 09, 2017 P.C.:

.

Parties through their counsel.

2.

By filing this Petition under Article 226 of the Constitution of India, the Petitioner is seeking direction to Respondent No. 1 to allow her to take admission for L.L.M. (Business Law) course for the academic year 2016-2017.

3.

Undisputedly, when the Petitioner's result for L.L.B. final year was declared, the Petitioner was declared "failed" in the subject 1/3

"Law of Evidence". After revaluation, on 29th September, 2016 she was declared "passed". Prior to declaration of her result as "passed", the last date for filing of the application for admission of L.L.M. Course as also the admission process was over. The grievance of the Petitioner is that as in the revaluation, she is declared "passed", she ought to have been given admission in the said course.

4.

The Respondent No. 1 has filed reply and stated that admission process of the said course had already closed. It is also the case of Respondent No. 1 that session of first semester of the said course has already commenced and will be ending shortly as the examination of the said semester will be starting w.e.f. 21st January, 2017. In these circumstances, according to him at this stage, no admission can be granted to the Petitioner on the basis of her declaring "passed" in revaluation.

5.

Having considered the submissions made by the learned counsel for the parties and having regard to the fact that the last date of filing of the admission form was closed and that the admission process was also ended when the Petitioner was declared passed and 2/3

now the examination of the first semester of L.L.M course examination is to be scheduled from 21st January, 2017 we are not inclined to direct the Respondent No. 1 to grant admission to the Petitioner for L.L.M. course for the academic year 2016-2017. However, we grant liberty to the Petitioner to seek appropriate remedy for redressal of her grievance.

6.

The Petition stands disposed of as such.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) 3/3