LAWS(BOM)-2012-6-1

KHAYTI GIRISH PURNIMA KULKARNI Vs. COLLEGE OF ARCHITECTURE

Decided On June 11, 2012
KHAYTI GIRISH PURNIMA KULKARNI Appellant
V/S
COLLEGE OF ARCHITECTURE Respondents

JUDGEMENT

(1.) Rule. By consent, rule made returnable forthwith. Counsel for respective Respondents waive notice. By consent, heard finally forthwith.

(2.) The Petitioner, by this Writ Petition under Article 226 of the Constitution of India, has challenged the order passed by the Principal of the Marathwada Mitramandal College of Architecture, Pune bearing No.MM/CA/336/2011-2012 dated 10 th February, 2012. The petitioner has also prayed for issuance of writ to direct the respondents to treat the petitioner as duly qualified and having been properly admitted to F.Y.B.Arch. course for the academic year 2011-2012; and allow the petitioner to prosecute her studies. The petitioner, by way of amendment, has sought further relief of declaring Regulation 4 of the Minimum Standard of Architecture Education Regulation, 1983 as ultra vires Section 45 of the Architects Act, 1972 (for short, 'the Act of 1972') and to quash and set aside the same.

(3.) Briefly stated, the case of the petitioner is that after having passed 10+2 standard examination and having obtained 49.5% marks, she applied for admission in the said college. The petitioner was admitted to the course of F.Y.B.Arch. for the academic year 2011-2012. She completed and passed out the First Semester. However, the Principal of the said college, by order dated 10.2.2012, cancelled her admission purportedly on the ground that the petitioner was not qualified to be admitted to the said course as per the norm specified by the Respondent No.4 - Council of Architecture.