SWATI AVINASH PATWARDHAN Vs. UNIVERSITY OF PUNE

JUDGEMENT

(1.) According to Mr.S.V.Pitre, the learned counsel for the petitioner, the petitioner was permitted to join the Course of Computer Science conducted by the Respondent-University. However, at the time of examination, his admission was withheld on the ground that she was not holding the equivalent qualification. By relying on a decision Shri Krishan v. Kurukshetra University, 1976 AIR(SC) 376 the learned Counsel for the petitioner submitted that having regard to the circumstances of the case, he prays for equity. According to the learned counsel, the petitioner without there being any fault on his part should not suffer. According to him, the Petitioner had prosecuted the studies. As such, the doctrine of equity demands that she be permitted to appear for the examination to clear the degree course.

(2.) As reported to us, the petitioner was qualified as L.C.E.H. i.e. Licentiate of Court of Examiners in Homeopathy. At the initial stage of admission, it was taken as equivalent to a degree of the University. Subsequently, the University realised that the qualification possessed by the Petitioner was not equivalent to the degree recognised by the University.

(3.) We have gone through the Circular. The Circular has not been issued by any University. As such, the Petitioner inherently lacked the basic qualification. Therefore, equity would not weigh in favour of the Petitioner to allow her to appear for the examination. In view of the basic disability, the petitioner was not competent even at the initial stage to prosecute the studies.