1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9441 OF 2007 Ashok Tukaram Redekar & Anr. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents Mr.N.V.Bandivadekar for the petitioners Mr.V.P.Malvankar, A.G.P. for the respondent nos.1 and 2 Mr.P.P.Chavan i/b M/s.Little and Co. for respondent no.4 Mr.S.P.Kadam for respondent nos.3 and 6 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 4TH FEBRUARY, 2008 DATED : 4TH FEBRUARY, 2008 DATED : 4TH FEBRUARY, 2008 P.C.: 1. Heard the learned counsel for the parties. 2. An affidavit in reply is tendered by the respondent institution. The same is taken on record and copies are furnished to the other side. The petition can be disposed of at the stage of 2 admission itself. 3. This petition is filed by parents and guardians of 12 students of the respondent institution whose names are given in the list annexed to the petition as Exhibit ’A’ to the petition and who seek direction of this court against respondent nos.2 and 4 to accept the S.S.C. examination March 2008 forms of the students as private students after accepting their forms vide Form No. 17 and accordingly, the said students may be permitted to appear at the said examination to be conducted by respondent no.4 in March 2008 4. It is not a matter of dispute that they are the students who are studying in the respondent institution whose status as unauthorised school is under cloud and therefore, the petitioners have opted to appear as external candidates by filling in Form no.17. 5. The learned counsel appearing for the respondent Board submits that if directed the board will accept the petitioners’ examination forms as 3 external candidates (Form No.17) subject to eligibility and compliance of all other terms and conditions and payment of late fees and penalty. 6. In our view, in order to protect the interest of the students, we direct the respondent Board to accept the examination forms of the petitioners students as external candidates if they fill in Form No.17 and meet all the norms of eligibility and requirements of the Board and on paying late fees and penalty to be fixed by the Board as per rules within a weeks time. The Board is directed to accept their forms if they fulfil the aforesaid criteria and pay late fees and penalty and permit them to appear for the examination if they are found to be eligible. 7. Petition disposed of accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) 4 ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J )