The petitioner, a student who was initially placed in the "compartment" category after failing three subjects in the 12th Standard CBSE examination, later passed these subjects in a re-examination. The petitioner sought and gained admission to the Bachelor of Commerce (Account & Finance) course at St. Xavier’s College, which was later contested by the University of Mumbai.
Admission and Eligibility Issue:
Arguments by Petitioner:
University’s Stand:
College's Position:
The Court acknowledged that the petitioner had submitted the necessary documents and had been admitted to the course. It found no deliberate attempt by the petitioner or the College to exploit the situation. The Court decided that, in the interest of justice, the petitioner should be allowed to complete his degree course, as denying him would result in a significant loss of academic time.
The Court set aside the impugned communication dated 10/04/2024 and allowed the petitioner to complete the Bachelor of Commerce (Account & Finance) course. The ruling was made without setting a precedent and emphasized that it was a decision based on the specific circumstances of the case. The rule was made absolute, and no costs were ordered.
Case Title: Siddhant Rajesh Dhawan Versus The State of Maharashtra Ors.
Citation: 2024 LawText (BOM) (7) 162
Case Number: WRIT PETITION (L) NO. 19491 OF 2024
Advocate(s): Ms. Anita Castellino i/b Bruno Castellino, Advocates for the petitioner. Mr. Mohit Jadhav, Addl. GP with Mrs. Nazia Shekh, AGP for respondent No.1-State. Mr. Manish Kelkar, Advocate for respondent Nos. 2 and 3. Ms. Nelly Mehta i/by NMA Legal, Advocate for respondent no.4.
Date of Decision: 2024-07-16