: 1 : wp-5898-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5898 OF 2011 Sane Guruji Vidyalaya, Kurundwad & Anr. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents ......... Mr. Manoj Patil for the petitioners Mr. C.R. Sonawane, AGP for respondent nos. 1, 3 and 4 Mr. Kiran Gandhi i/b Little & Co. for respondent no.2 Mr. M.S. Topkar for respondent no.6 Mr. D.V. Sutar for respondent no.7 Mr. Chetan Patil for respondent no.5 Mr. Mahesh Rawool for respondent no.8 ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 3rd AUGUST, 2011. P.C. : 1. It appears that there are two rival factions in the management. The petitioner no.2 claims to be the Headmaster of the School, which position is disputed by the respondents. However, the limited relief claimed in this petition by the petitioners is to direct the respondent no. 2 to accept the application forms of repeater students of petitioner no.1 school for the S.S.C. examination to be conducted in October, 2011. The application forms were forwarded under the signature of petitioner : 2 : wp-5898-11=.doc no.2 to the respondent no.2 on 8th July, 2011. The respondent no.2 has not acted upon the said forms, in view of some objections received from the rival faction. If that objection is to be ignored, it would necessarily follow that the application forms submitted by the petitioner no.2 are within time. 2. To assuage the grievance of the rival faction, which has succeeded in dissuading the respondent no.2 to accept the application forms submitted by petitioner no.2, we direct that the officer, nominated by the Education Officer in terms of order dated 24th May, 2011 be permitted to counter-sign the said application forms by the respondent no.2 and the respondent no.2 shall treat the said applications received from authorised authority of the petitioner management and within time. The respondent no.2 shall process all those applications of the concerned candidates and allow the concerned candidates to appear for S.S.C. examination to be conducted in October, 2011, subject to eligibility. 3. We make it clear that this order does not decide the rights of the petitioners or the rival faction, as the case may be, either way. Those, disputes will have to be resolved in appropriate proceedings. This arrangement is worked out only in the interest of students, who intend : 3 : wp-5898-11=.doc to repeat and appear in the S.S.C. examination to be conducted in October, 2011 by the respondent no.2. 4. In our opinion, this arrangement would do substantial justice to all parties. Counsel for the officer authorised by the Education Officer undertakes to comply with the necessary formalities in terms of this order within this week. In view of the above arrangement, principal relief claimed in this petition will be worked out. Accordingly, this petition is disposed of. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)