SANTOSH A CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE, Mr. P. M. Patil, Assistant Government Pleader, appears and waives services of rule on behalf of respondent No. 1. Mr. R. G. Ketkar appears and waives service of rule on behalf of respondent No. 2.

(2.) IN these proceedings, the petitioners are students of the Solapur College of Pharmacy, Solapur, which is affiliated to the Shivaji University. The petitioners appeared for the First, Second and Third year examinations, as the case may be, of the Pharmacy Course in April 2002. The results were declared on 2nd July, 2002. The petitioners are declared to have failed in respective examinations for which they appeared.

(3.) THE petitioners contend that the percentage of successful students in the Pharmacy and Engineering examinations of Shivaji University was comparatively less in relation to earlier years and accordingly, a circular was issued by the University on 2nd September, 2002. A perusal of the circular on which the petitioners rely would show that ex facie, the circular does not apply to the students of the Pharmacy Course but, that it only applies to students of the Engineering Degree examinations. According to the petitioners, both the degree course in pharmacy and the degree course for Engineering "are similar in the sense both have the same duration of four years and both come under the purview of Directorate of Technical Education, Maharashtra State and the Rules for post graduation examination for both the faculties are same". The petitioners claim that they have been discriminated against, in that benefits which were granted to the students of the engineering faculty of the same University have been denied to the petitioners who are students of the Pharmacy Course. The relief which has been prayed for is a writ of mandamus directing the University to grant the benefit of grace marks under the circular dated 2nd September, 2002 to the petitioners and to other pharmacy students.