hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 9903 OF 2009 Bhartiya Shikshan Prasarak Mandal, Chandigad and another ... Petitioners Versus The State of Maharashtra and Ors. ... Respondents Mr. S.S. Pakale with Mr. K.J. Phakade for Petitioners. Mrs. S.S. Bhende, A.G.P. For Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : NOVEMBER 25, 2009 P.C. The Petitioner is an existing secondary school. They had applied for permission to open higher secondary namely 11th and 12 th standard. That has been rejected by communication to them on 1.10.2008. It is the case of the Petitioners that they had admitted students to standard 11th which students are now pursuing their course in 12th standard as the standard 11th is an internal examination. The students have been admitted in Arts and Commerce faculties. In so far as Arts faculty students are concerned, no permission was granted to the Petitioners. Those students have been permitted to file their forms for examination to another school. In so far as commerce is concerned, permission has not been granted. We do not find fault in the action of the respondents in not recommending as petitioners admitted students without having permission. However, considering that the innocent students should not suffer consequences of the action of the Petitioner, as one time measure, respondents are directed to allow students pursuing Commerce course also to submit their forms for examination to the other school namely “Bagilge-Dukkarwadi Vidyalaya and Junior College, Bagilge”. We make it clear that if the Petitioner continues to admit students to 11th and 12 standard in future without permission, the respondent will not grant permission to such students to appear for any examination. In so far as an application for permission that has been rejected for the academic year 2008/09. It will be therefore, open to the Petitioners to apply for fresh and for the respondents to consider the same according to law. Rule made absolute accordingly. No order as to costs. (J.H. BHATIA, J.) (F,I. REBELLO,J.)