Learned AGP and Mr. Y.C. Contractor learned counsel waive service on behalf of the respective respondents. With the consent of parties, the matter is taken up for final hearing today.
1. By way of this application, the applicant has prayed to issue appropriate directions to the respondent-University to accept the Enrollment Forms, Eligibility Forms and Examination Forms of the students and to issue Hall-Tickets to them for appearing in the Examination which is to commence from 10.07.2012 and also to declare the results of such students.
2. When the captioned petition was earlier listed before this Court on 03.07.2012, it was extensively heard and the Court had passed the following order;
"Rule returnable on 15.10.2012.
In the meantime, the impugned orders passed by the respondent- University are stayed only qua 20 per cent of the total Management Seats.
It is, however, made clear that if any Management Seat/s is/are already allotted during the admission process, then such number of Seat/s shall be deleted and for that purpose, the respondent- University shall file appropriate Civil Application for modification of this order. Direct service permitted."
3. By the aforesaid order, the impugned communications were stayed only qua 20 per cent of the total Management Seats. In pursuance of the aforesaid order dated 03.07.2012, it is clarified that the students named in the document annexed as Annexure-II to the main petition, at page-29, from Sr. No.01 to 20, totaling 20, shall appear in the examination, which is to commence tomorrow, i.e. on 10.07.2012.
4. In view of the same, the respondent-University is directed to accept the candidature of the said 20 students by completing all requisite formalities, whose names have been mentioned at Sr. No.01 to 20, in the document annexed as Annexure-II to the main petition, by today evening and to complete all the requisite formalities so that they could appear in the Examination tomorrow, without any difficulty.
5. It is, however, clarified that if it is practically not possible for the respondent-University to complete the requisite formalities in respect of the said 20 students, then in the alternative, the respondent-University shall make necessary arrangement for conducting the Examination of the said 20 students from 06.08.2012 onwards. However, looking to the allegations made against the respondent-University in the captioned petition, the Examination Papers of such Exam shall be prepared by the Professors / Lecturers of some other University based either in the State of Maharashtra or Gujarat, in which case, the name of such University shall be selected by the respondent-University. Further, the Answer Sheets of the students appearing in such Examination shall be checked by Professors / Lecturers of University, other than that of the respondent-University, whose names shall also be suggested by the respondent-University.
6. The aforesaid arrangement has been made in order to ensure that a free and fair examination is conducted and the career of the students is not put in jeopardy.
7. With the above observations and directions, the application stands disposed of. Rule is made absolute to the above extent. Direct service today.
S. JHAVERI, J.] Pravin/* Top