1 WP 1435.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1435 OF 2011 Deepak S/o Pandit Antalkar & Oths. .... PETITIONERS VERSUS The State of Maharashtra and others. .... RESPONDENTS Mr. Anand Chawre, Advocate for the petitioner. Mr. B.V.Wagh, Asstt. Govt. Pleader for State. Mrs. Asha Rasal, Advocate for Resp. No. 2. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 25/02/2011 PER COURT : 1. Heard the learned counsel for respective parties. 2. By the present Writ Petition, the petitioner who claim themselves to be the student of Madhyamik Ashram Shala, Brahmanwada, Tq. & Dist. Nanded seek directions against respondent nos. 1 to 3 to issue hall tickets to the petitioners for appearing in the examination of S.S.C. scheduled to be held from 1/3/2011. 3. Mr. Chaware, the learned counsel for petitioner contended that 2 WP 1435.2011 the petitioners are students of respondent no. 7 – school and they had taken admission in the said school which is running at Brahmanwada, Tq. and Dist. Nanded. Even the Advocate representing respondent no. 6 submits that the school is running at Brahmanwada and the person falsely represented himself as Secretary of respondent no. 6 filed Writ Petition and obtained order of stay to the cancellation of transfer of the school from Brahmanwada to Manoor. But, in fact the school is run at Brahmanwada. 4. Mrs. Rasal, the learned counsel for respondent – Board and Mr. Wagh, learned Assistant Govt. Pleader submit that in the Writ Petition No. 6738 of 2010 this Court had stayed the order of cancelling transfer of school from Brahmanwada to Manoor and the school is at Manoor. Mrs. Rasal, learned counsel placed on record communication dated 6/12/2010 issued by the District Social Welfare Officer to the Divisional Secretary, Latur Divisional Board, wherein it is clearly stated that the school is running at Manoor and not at Brahmanwada. 5. Normally, as the petition is filed by students, we would have taken a sympathetic view. But perusal of record shows that the school is not being run at Brahmanwada but it is run at Manoor. In earlier Writ Petition No. 6738 of 2010, this Court had called for the report and on perusal of the report, this Court had stayed the order cancelling the transfer 3 WP 1435.2011 . The letter dated 22/2/2011 which is said to have been issued by the Head Master to the Board states that Mr. Kadam R.G. is the Head Master of the school and 20 students i.e. the petitioners herein should be allowed to sit for examination by making their arrangements at the examination centre. This letter is issued by the Head Master of Madhyamik Ashram School, Brahmanwada which is at page no. 35 of the Writ Petition, whereas as per the letter issued by the Special District Social Welfare Officer to the Board dated 6/12/2010, it is clearly stated that the school is conducted at Manoor and the approved Head Master is one Mr. Bajrang Sangamnerkar. This fact clearly shows that the school is run at Manoor and the school is not being run at Brahmanwada. When no school is run at Brahmanwada, it will not be possible for us to direct the respondent to issue hall tickets to the petitioners for appearing in the S.S.C. Examination which is to commence after three ( 3 ) days. 6. In light of the above, the Writ Petition is dismissed however with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 1435.2011