AJIT VITTHAL KARANJE Vs. SHIVAJI UNIVERSITY KOLHAPUR

JUDGEMENT

(1.) THE petitioners herein 3 in number, have filed the instant writ petition for a writ of mandamus directing respondent No. 1-Shivaji University, Kolhapur, to permit them to take the examination scheduled to be held on 19th June, 2001 of the IInd year B. Pharmacy Course. It appears that subsequently petitioner No. 1 has been permitted to take the examination and, therefore, this writ petition was pressed only on behalf of petitioners Nos. 2 and 3.

(2.) THE facts of the case are not in dispute. The petitioners herein were admitted to the B. Pharmacy Course in the Government College of Pharmacy at Karad, which was then affiliated to the Maharashtra University of Health Sciences, Nashik (hereinafter referred to as "the Health University" ). They were admitted in July 1999 to the said course, and they took the Ist year Examination in June 2000. Unfortunately, petitioners Nos. 2 and 3 failed to clear four papers and were, therefore, declared failed. It is not in dispute that in the Health University, there is no provision for "a. T. K. T. ", which is the abbreviation for "allowed to Keep Terms". "a. T. K. T. " is, however, permissible in other universities, subject to the candidates fulfilling the conditions of "a. T. K. T. " Since the petitioners failed to clear four papers, they again appeared in December 2000, and petitioners Nos. 2 and 3 again failed to clear all the papers. We were told by Counsel for the petitioners that they cleared two papers, but failed in two. According to him, the Shivaji University Rules permit A. T. K. T. in the case of candidates securing 40% marks and failing in not more than two papers. It would, thus, appear that as in January 2001, petitioners No. 2 and 3 had failed to clear all the papers of the Ist Year B. Pharmacy Course and in the absence of provision for A. T. K. T. they, in the normal course, could not be promoted to the B. Pharmacy IInd Year.

(3.) IT appears that the Government of Maharashtra, by its Resolution dated January 19, 2001, de-affiliated the B. Pharmacy Courses from the Health University and the various Pharmacy Colleges were affiliated to the Traditional (non-agricultural) Universities within whose territorial jurisdiction they fell having regard to the location and regions wherein the colleges were situated. So far as the Government College of Pharmacy, Karad, is concerned, it was affiliated to Shivaji University. It is not disputed that in Shivaji University, there is provision for A. T. K. T. and a student having secured required aggregate marks, if he failed in not more than two subjects, is permitted to keep terms and is promoted to the next higher class.