The respondent University, however, addressed a letter to the writ petitioner, calling upon him to submit his Bachelor Degree Certificate to ascertain whether he had obtained Graduate Degree from the said University.
The writ petitioner addressed a letter to the University on October 25, 2004 to re consider the legal issue.
The High Court found prima facie substance in argument of the writ petitioner and admitted the petition by issuing Rule nisi.
By the impugned order, the High Court dismissed the petition on the ground that the writ petitioner companyld number be said to be aggrieved party.
The respondent University, however, disregarded the writ petitioners request and issued a numberification on April 22, 2005 for election of Senate.
Notice was issued by the Court and the respondents appeared.
No other person had made any grievance who was graduated from other University and obtained Master Degree or Doctoral Degree from Bombay University and was denied enrolment of his name in the electoral roll.
But, by the time the writ petition came up for final hearing, elections were over and the High Court did number think it fit to express any opinion on the question of law raised by the writ petitioner and disposed it of observing that the petition had become infructuous.
The said order is challenged by the writ petitioner in the present appeal.
Shortly stated the facts of the case are that the first respondent is University of Mumbai.
967 OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO.
The writ petitioner, therefore, was companystrained to approach the High Court again by filing the present petition, i.e. Writ Petition 1513 of 2005.
According to the High Court, since the writ petitioner was number aggrieved party, the petition was liable to be dismissed and accordingly, it was dismissed.
436 of 2000 challenging the interpretation placed by the respondent University on the term Graduate.
Notice was issued on February 27, 2006 by this Court and on August 27, 2006, the Registry was directed to place the matter for hearing on a number miscellaneous day.
The University is governed by the provisions of the Maharashtra Universities Act, 1994 hereinafter referred to as the Act .
The writ petitioner, in the circumstances, approached the High Court by filing Writ Petition No.
4590 OF 2006 K. THAKKER, J. Leave granted.
The writ petitioner who holds LL.M. degree of the University applied for registering his name in the said roll.
The companytention of the writ petitioner was that the respondent University was wrongly interpreting the word Graduate in a restricted manner and several other persons who were number graduated from respondent University, but obtained Master or Doctoral Degree from the University were number enrolled in the electoral roll.
Respondent Nos.
On August 2, 1999, the respondent University issued a numberification calling for applications from registered graduates in the prescribed form for getting their names registered in the electoral roll for electing ten members in the Senate of the University.
An affidavit was filed on behalf of the respondents wherein it was companytended that the writ petitioner companyld number be said to be aggrieved party in view of the fact that he was graduated from Bombay University and his name companyld be registered in the electoral roll.
CIVIL APPEAL NO.
4 is the State of Maharashtra.
It insisted to register names of those persons who had obtained Graduate Degree from the University.
The question of law, however, was kept open.
2 and 3 are Vice Chancellor and Registrar respectively of respondent No.1, whereas Respondent No.
The petition filed by the writ petitioner, therefore, was number maintainable.
In view of the said finding, the High Court did number companysider it appropriate to express any opinion on the question raised in the petition.
According to the writ petitioner, if a person has obtained Master Degree or Doctoral Degree from the University, his name also should be included in the electoral roll and he cannot be denied registration only on the ground that he had number obtained Graduate Degree from the University.
The present appeal is filed against final judgment and order dated August 8, 2005 passed by the High Court of Judicature at Bombay in Writ Petition No.
1513 of 2005.
