Hon'ble Judges/Coram:
Vasanti A. Naik and A.S. Chandurkar

JUDGMENT

Vasanti A. Naik, J.

1. Rule. Rule made returnable forthwith. The petition is heard finally, as the notice for final disposal was issued to the respondents on 20/11/2015 and the respondents are duly served.

2. By this petition, the petitioners impugn the communication of the respondent No. 3-College of Pharmacy, dated 18/11/2015, rejecting the applications filed by the petitioners for permission to appear at the M.Pharm., Part-I Examination, on the directions of the University.

3. Few facts giving rise to the petition are stated thus -

The petitioners had appeared at the B.Pharm. Final Examination in Summer 2015 and were declared unsuccessful in some of the subjects. The petitioners, therefore, applied for revaluation in terms of the Direction of the Nagpur University, bearing No. 5 of 2004. It is the case of the petitioners that though the revaluation result is required to be declared within a period of 45 days, the result was not declared by the University within a reasonable time and the petitioners were, therefore, provisionally admitted in the M.Pharm Course, subject to the declaration of their B.Pharm. results. The petitioners attended the M.Pharm. Part-I classes and also submitted their practical record to the respondent No. 3-College. Since the result of revaluation was not declared within a reasonable time, the petitioners approached this Court to seek a direction to the respondents to declare the revaluation results of the petitioners. Though the last date for submission of the mark-sheet of the previous examination was 25/09/2015, the petitioners were not able to submit the mark-sheet of the B.Pharm. Final Examination to the respondent No. 3-College, as the revaluation results were not declared by then. Since the petitioners failed to submit the mark-sheet before the cut-off date, the University asked the College not to permit the petitioners to appear at the First Semester Examination of the M. Pharm. Course. On the say of the University, the respondent No. 3 College prohibited the petitioners from appearing at the First Semester Examination of the M.Pharm. Course. In the circumstances of the case, the petitioners have challenged the action on the part of the University and the College, of prohibiting the petitioners from appearing at the First Semester Examination of the M.Pharm Course.

4. The learned counsel for the petitioners submitted that the petitioners were not at fault in not submitting the mark-sheet of the final year B.Pharm. Examination to the concerned authorities before 25/09/2015, as the results of the revaluation were declared on 05/10/2015. It is submitted that the petitioners could not have been directed to do something that is impossible and not within the control of the petitioners. It is submitted that the petitioners have passed the B.Pharm. Final Examination after revaluation and it is due to the fault of the University that the petitioners were declared unsuccessful when the results were initially declared on 16/06/2015. It is stated that the petitioners could not submit the mark-sheet of the B.Pharm. Degree Course to the concerned authorities before 25/09/2015, as the University had not declared the revaluation results. It is stated that since in view of the interim directions, the respondents had permitted the petitioners to appear at the First Semester M. Pharm. Examination and since the petitioners are declared successful in the B.Pharm. Degree Course, the admission of the petitioners in the M.Pharm.Degree Course needs to be protected. It is submitted that the students like the petitioners should not be made to suffer because of the inaction on the part of the University to declare the results of revaluation, within a reasonable time.

5. Shri Patil, the learned counsel for the ........