Bombay High Court
Rohan Ravindra Thatte vs University Of Mumbai on 6 March, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
15-OSWP-392-2023.DOC
Ashwini V
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 392 OF 2023
Rohan Ravindra Thatte ...Petitioner
Versus
University of Mumbai & Ors ...Respondents
Mr Suresh Sabrad, with Vikram Walawalkar & Arjun Kadam, for the
Petitioner.
Mrs Uma Palsuledesai, AGP, with Kedar Dighe, AGP, for the
Respondent-State.
CORAM: G.S. Patel &
Neela Gokhale, JJ.
DATED: 6th March 2023 PC:-
1. Issue notice to Respondents Nos. 3 and 4. Hamdast is allowed. In addition to Court service, private service is permitted including by email and courier.
2. The entire controversy relates to the marksheet issued by Respondent No. 4 at Exhibit 'C' at page 27. Against a total of 267 marks obtained by the Petitioner, there is an endorsement which reads as '+03@'. The Petitioner read '@' as '0'. The sign '@' refers to a footnote, which is also incomprehensible. The footnote seems to say that '@' means 0.5042/0.5043. Nobody can explain this.Page 1 of 2
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3. Mr Kulkarni says that the marksheet is a matter for the college to explain. Hence our order regarding notice.
4. The Petitioner has been prohibited from pursuing the degree course by an order/communication dated 17th December 2022 of the University stating that he is not qualified only because of his allegedly incorrect entry in declaring or re-stating the results. He read @ as 0 (zero) and said his marks were 267+030. We must give the Petitioner the benefit of doubt in view of the circumstances noted above.
5. Hence, in the facts and circumstances of this case we permit him to attend college and submit his papers for the examination that is likely to be scheduled in April 2023, a few weeks from now. However, this will be subject to the outcome of the Petition and on a no-equities basis. The Petitioner gains no rights or equities only on the basis of this order.
6. List the matter on 16th March 2023.
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