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Synopsis

A writ petition is filed before the Bombay High Court by Advocate Ajinkya Udane on behalf of 5 law students against the State of Maharashtra, University of Mumbai, and Ideal College of Law for not declaring their results and marking the students as absent even though the students were present during the examinations.

The petition states that as per the Maharashtra Universities Act 2016, the board of examination and evaluation shall declare the results within 30 days of the last day of examination and in case of delay within 45 days of the last day of the examination.

The petition states that the results were declared after 65 days on 13.08.2022 and that the petitioners were marked as absent. Since the petitioners were marked as absent the students were running pillar to post since 13.08.2022.

The petition states that after the results were declared the petitioners were in touch with the respondent university and college staff through WhatsApp and e-mails. Further, the petition also mentions that after they collectively met the Ideal Law College, the college had written a letter to Mumbai University with the attendance sheets, bar codes, and the answer sheets of the petitioners. However, Mumbai University has not responded to the said letter till date.

The petition states that the students have lost opportunities due to delays in the declaration of results. The petitioners have lost opportunities in PSUs, applying in chambers and law firms, and IBPS recruitment exams. It further states that with the delay in the declaration of results the petitioners had to forgo several opportunities including higher studies which have not only affected their carrier but also caused mental agony.

The petition mentions that the petitioners are also not able to enroll with the bar council since the results are not declared, and are not able to apply at law firms which have resulted in the petitioners being unemployed. Further, the registration for the All India Bar Examination cannot be secured without getting the registration of the state bar council. Therefore, the petitioner’s Fundamental Rights under articles 14, 16, 19(i)(a), 19(i)(g), and 21 of the constitution have been violated.

The petitioners have prayed the following before the court:

a. Declare fresh results of the Petitioners who gave final year LLB examinations held by Mumbai University within the shortest time possible by issuing a writ of mandamus.

b. Allow petitioners to register with the State Bar Council so that they do not miss the opportunity for appearing in AIBE 2022 examination.

c. Direct the respondent to issue necessary instruction to GLC, Mumbai, to admit the petitioner in the newly launched LLM programme

Case Title: Akshay Suresh Bhandari & Ors vs. State of Maharashtra & Ors.