KHUSHBA SEEMA NAVABSING Vs. CONTROLLER OF EXAMINATION

JUDGEMENT

(1.) Rule. Learned Advocates appearing for the respective respondents waive service. Considering the scope of controversy the petition is taken up for final hearing and disposal today.

(2.) The petitioner-student was a student of Shri Surat Jilla Sahakari Bank Commerce College & Sayan Sahakari Khand Udyog Arts College, Olpad, Dist. Surat for F.Y.B.Com, wherein medium of instruction was Gujarati, and the compulsory subject was also Gujarati language. After having cleared First Year B. Com Examination the petitioner obtained admission for the first term for Academic Year 2006-2007 in S.Y.B.Com but subsequently she shifted to Surat and obtained admission with D.R. Patel & R.B. Patel Commerce College, New City Light Road, Bharthana, Surat 395 017 in S.Y.B.Com. It is an accepted fact that in the second College viz. D.R.Patel & R.D.Patel Commerce College the medium of instruction is English and English language is a compulsory subject.

(3.) It was in April, 2007 according to the petitioner that the petitioner was informed orally that the petitioner is not entitled to appear at University Examination for S.Y.B. Com because the petitioner has not been enrolled by respondent No.1 University. It appears that respondent No.2 College wrote to the University seeking permission on behalf of the petitioner to change the compulsory subject of English language but the said request was not granted by the University in light of the prevalent Rules. It is at this stage that the petitioner has approached this Court.