SYEDA AUFIYA AHMAD Vs. RASHTRASANT TUKADOJI MAHARAJ

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) By way of present petitions, the petitioners though have challenged the legality of Clause 3(a) of Ordinance No. 16 of 2009 (hereinafter referred to as "the said Ordinance") and sought a further declaration that the said Ordinance is not applicable to the admission of the petitioners, the petitioners have given up the said challenge and have restricted the claim in the petitions only insofar as prayer clause (3) in the petitions is concerned.

(3.) Admittedly, all the petitioners have taken admission to the Master in Computer Application Course (hereinafter referred to as "MCA") after completing Post B.Sc. Diploma in Computer Science and Applications. As per the said Ordinance, the candidates passing the Post B.Sc. Diploma in Computer Science and Applications examination are entitled to be admitted in the third semester directly. Undisputedly, the petitioner in Writ Petition No.4863/2012 (Ms. Syeda Aufiya Ahmad) has completed her third, fourth, fifth and sixth semesters and also appeared for sixth semester examination. Insofar as rest of the petitioners are concerned, all of them have completed third and fourth semesters and have now appeared for the fourth semester examination. The petitioners are aggrieved by the communication dated 28/9/2012 issued by the respondent University thereby cancelling their admission and the communication dated 29/9/2012, which is a consequential communicated issued by the respondent College. The admission of the petitioners is cancelled on the ground that the same was in contravention of said Ordinance and specifically Clause 3(a) of the said Ordinance.