DILEEP Vs. MARATHWADA UNIVERSITY

JUDGEMENT

(1.) The petitioner is a Graduate of Bombay University who obtained the degree of Bachelor of Arts securing 37 per cent, of aggregate marks. He earlier joined the New Law College at Bombay after completing his graduation. It appears that results of the Bombay University for the first year LL. B. examination were not declared till April, 1982. The petitioner was unsuccessful at this examination of first year LL B. of Bombay University. On or about 27th August, 1981, however, on account of a change in the residence of his family, the petitioner was forced to come to Aurangabad and the results of the Bombay University for the first year LL. B. Examination were not till then declared. It appears they came to be declared somewhere in August, 1982.

(2.) Under these circumstances, the petitioner, who came from Bombay to Aurangabad, was required to seek admission in the M. P. Law College at Aurangabad. He sought for admission in M. P. Law College at Aurangabad after fulfilling certain requirements such as transfer certificate, migration certificate, etc. His application for admission was given on 31st August, 1982. This application was given to the M. P. Law College. It appears that such applications are processed by the College and normally the Marathwada University sanctions the admission.

(3.) As the petitioner was a student, who had migrated from other University, namely, Bombay University, he had to obtain migration certificate, transfer certificate and certain other certificates. On 30th August, 1982, as required by the rules of the Mahathwada University, or having learnt that an eligibility certificate is necessary for admission, he made an application for eligibility certificate. At the time when he made this application, there was some delay because the college term had already started. Therefore, on 7th September, 1982, he applied to the Registrar, Marathwada University, praying to permit him to continue his late admission for the acadamic year 1982-83. As he was late in joining on account of late declaration of results of Bombay University, he made this specific request. In this application, the petitioner specifically stated that he had appeared for the first year LL. B. examination of Bombay University, but failed. The results of the said examination were declared only in the last month, that is, in the month of August and, therefore, he requested the Registrar of the Marathwada University to condone the delay and grant him admission. This application seems to have been given to the Principal, M. P. Law College, Aurangabad, and it must have reached the Registrar, because it appears that on 21st September, 1982, the Registrar addressed a letter to the Principal, M.P. Law College stating that the application given by the petitioner on 7th September, 1982 is received and the candidate in question may be permitted to take late admission to first year LL. B. course in the said college. It appears from Exhibits 9 and 10 that the petitioner obtained his transfer certificate and migration certificate from the New Law College, Bombay and the Bombay University and he has submitted those certificates to the M. P. Law College at the time of applying for admission.