Kamarraja Khurshid Alam Khan v. The University Of Mumbai And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2026.04.21 11:10:46 +0530 WRIT PETITION NO.3537 OF 2026 JITENDRA SHANKAR NIJASURE Kamarraja Khurshid Alam Khan

...Petitioner

Versus

The University of Mumbai and Ors.

...Respondents

---------- Mr. Vinayak Pandit, with Ajinkya Udane for the Petitioner. Mr. Rui Rodrigues for Respondent Nos.1 and 2. Mr. Satyajeet H. Joshi with Chinmay Joshi for Respondent No.3. ---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATE :

18TH APRIL, 2026 ORDER :

1.

By this Writ Petition, the Petitioner is seeking direction to the Respondent to grant the Petitioner admission in the 3rd Year B.A. LL.B. Course for Academic Year 2025-26. Further, prayer is sought for condoning the delay and grant 'Special Admission' to the Petitioner in the 3rd Year B.A. LL.B. Course for Academic Year 2025-26. 2.

The Petitioner has stated that he is a student of the 51/7

year B.A. LL.B. Course (Batch 2023-24) at Respondent No.3 College which is affiliated with Respondent No.1 - University of Mumbai. The Petitioner further states that due to extreme financial hardship and non-payment of fees, the Petitioner was initially prevented from appearing in exams and securing admission to the 3rd year despite subsequently clearing all subjects.

3.

The Petitioner had cleared both the first and second years of the program in the month of December, 2025 in Allowed To Keep Terms ("ATKT") exams.

4.

The Petitioner has also relied upon the representation made to the Director, Board of Examination & Evaluation, University of Mumbai on 19th January, 2026 and other representations made to the various Government Authorities seeking special relaxation. 5.

The Petitioner has also made requests with the Registrar of Mumbai University on 23rd January, 2026 and 6th February, 2026. 6.

The Petitioner was thereafter constrained to file the present Writ Petition in view of the Respondents not taking any 2/7

cognizance of the representations and the requests of the Petitioner to grant special admission in the 3rd Year B.A. LL.B. Course for Academic Year 2025-26.

7.

There is an Affidavit in Reply as well as additional Affidavit in Reply of Respondent No.3. In the additional Affidavit in Reply, the Petitioner's letters dated 17th October, 2025 and 7th January, 2026 addressed to the Respondent No.3 - College have been annexed. The reason mentioned by the Petitioner in the said letter dated 17th October, 2025 is that he had gone into bad company and due to which he missed some exams.

8.

The learned Counsel for the Petitioner has stated that the Petitioner having cleared the prior semester examinations, he is eligible for 3rd Year B.A. LL.B. Course for Academic Year 2025-26. He has sought for condonation of delay in applying for 3rd Year B.A. LL.B. Course for Academic Year 2025-26 and for grant of 'Special Admission'. He has submitted that the reason for the delay in admission was on account of the Petitioner facing financial difficulties and having to appear in ATKT examinations after the cut off date for admission. The Petitioner was thus unable to meet the 3/7

eligibility for admission to the Fifth Semester of 5 years B.A. LL.B. Course as per Regulation 4449A of the Ordinance and Regulations for 3 years and 5 years Law Degree Course for Semester System to be effected from the year 2001-2002 notified by University of Mumbai Circular dated 20th October, 2001.

9.

The learned Counsel appearing for the Respondent No.3 - College has referred to the Notice issued by the Respondent No.3 College on 10th June, 2025 for admission to T.Y. B.A. LL.B (5 years Course) year 2025-26. It was notified to all the students that the T.Y. B.A. LL.B admission will commence from 23rd June, 2025 to 24th June, 2025 between 10.00 am to 2.00 p.m. for which all students shall come to the college and fill the admission form on the college portal and confirm their admission. The requirements have also been specified in the said Notice including that the students shall carry xerox of result copy of Semester I, II, III and also Semester IV Gazette copy.

10.

The learned Counsel for the Respondent No.3 has also referred to the said Regulation 4449A of the University of Mumbai which provides that a candidate eligible for admission to the fifth 4/7

Semester of 5 years B.A. LL.B. course, must have passed in First and Second Semesters and must have either passed in Third and Fourth Semesters or must have got exemption in at least four papers of the Third and Fourth Semesters. He has submitted that the Petitioner has not complied with the said Notice and/or Regulation. The Petitioner had not passed First to Fourth Semesters when the admission for T.Y. B.A. LL.B (5 years course) for Academic Year 2025-26 had to be obtained i.e. from 23rd June, 2025 to 24th June, 2025 between 10.00 am to 2.00 p.m. as per the said Notice dated 10th June, 2025. He has submitted that in view of the Petitioner not having met the pre-requisite for the admission to the fifth Semester of 5 years B.A. LL.B. Course, the Petition requires to be dismissed. Further, there is no case made out for grant of 'Special Admission' to the Petitioner in the 3rd year B.A. LL.B. Course for Academic Year 2025-26. 11.

We have considered the submissions. The Petitioner had admittedly not cleared the prior semesters prior to the cut off date for admission for T.Y. B.A. LL.B. (5 years course) for the Academic Year 2025-26. The dates for applying for admission for T.Y. B.A. LL.B. (5 years course) had been notified vide Notice dated 10th June, 2025 issued by the Respondent No.3 - College. The Petitioner had only 5/7

cleared the prior semesters in December, 2025 due to what the Petitioner states is financial hardship. However, in the Petitioner's letter dated 17th October, 2025 to the Respondent No.3 - College mention is made of the Petitioner having fallen in bad company and that is the reason for non-completion of prior semester examinations. 12.

Regulation 4449A of the University of Mumbai for 3 Years and 5 Years Law Degree by Semester System effective from Academic Year 2001-2002 which has been notified by the University's Circular dated 20th October, 2001 makes it clear that a Candidate for being eligible for admission to the fifth semester of Five years B.A. LL.B. course must have passed First and Second Semesters and Third and Fourth semesters or must have got exemption in at least four papers of the Third and Fourth Semesters. This requirement would necessarily have to be complied with by the candidate prior to the cut off date for admission to TY B.A. LL.B. (5 years course) for the relevant Academic Year which in this case is 2025-26 and which is as per the said Notice dated 10th June, 2025 was upto 24th June, 2025. 13.

Accordingly, we find no merit in the present Writ Petition.

6/7

14.

The Petitioner can apply for admission in the Third Year B.A. LL.B. examination Course for the next Academic Year. In view of the Petitioner not having made out any case for condonation of delay and grant of 'special admission' to the Petitioner in the Third Year B.A. LL.B. Course for Academic Year 2025-26, the Writ Petition is dismissed.

15.

There shall be no order as to costs.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ] 7/7