Param Shitalkumar Mori v. Balwant Sheth School Of Architecture Thro. Deannmims Univesity
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE 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 RespondentManagement, 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 ...3
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 RespondentManagement 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. ...5
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.) ...6