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Judgment
A.B. Chaudhari, J.—Rule. Rule heard forthwith with the consent of learned Counsel for the rival parties.
By communication dated 7/9/2009, respondent Nos. 1 and 1(A) made the petitioner not eligible for direct admission to Second year (IIIrd Semester) Diploma in Civil Engineering.
We have heard the learned Counsel for the rival parties.
We find from the submissions made by Shri G.B. Patil, learned Counsel for respondent Nos. 1 and 1(A), that the Board has placed reliance on the communication dated 20th November, 2008 for making the petitioner not eligible for admission to the said course. In the said communication dated 20th November, 2008, what is stated is that wherever eligibility is HSC (12th with Maths, Science and English), the students having mark-sheets bearing the endorsement namely; ISO (Isolation) should not be held eligible and no Certificates of eligibility should be given to such students. The impugned order is based on the communication dated 20th November, 2008. We find force in the submission made by the learned Counsel for the petitioner. It appears that communication dated 20th November, 2008 does not speak about its application to HSC with MCVC stream, which is altogether different from what is stated in the said communication dated 20/11/2008. HSC consists of subjects identified as J-7, J-8 and J-9, which are technical subjects and have nothing to do with HSC (12th with Maths., Science and English). We, therefore, find that the communication dated 20th November, 2008 does not apply to the case of the petitioner for denying the eligibility. Having held so, we find that the impugned communication holding the petitioner not eligible is bad in law. In the result, we find that the present writ petition must succeed. Therefore, we pass the following order.
Rule is made absolute in terms of prayer Clause (i) of the petition. No order as to costs.