1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 718 / 2011 (Syed Jamila Anjum Syed Yusuf Ali vs. M.S.Board of Secondary & Higher Secondary Education and others) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 11th February, 2011. Heard Mr. A.R. Deshpande, learned counsel for the petitioner and Mr Anand Parchure, learned counsel for the respondent no.2. This Writ Petition is directed against the communication dated 7.2.2011 issued by the Divisional Secretary, Divisional Board, Amravati as well as communication dated 8.2.2011 by the Principal of Shri Shivaji Arts, Commerce & Science College, Akola, whereby the petitioner is informed that her examination form of Higher Secondary Certificate Examination scheduled to be held in February/March, 2011 cannot be accepted on the ground that it is beyond the cut off date. Learned counsel for the petitioner has submitted that the cut off date to submit the examination form with special late fee was 18.1.2011. It is contended that the petitioner was suffering from 'Infective Hepatitis' from 5th October 2010 to 30th January, 2011 and was advised 2 complete bed rest for three months. The certificate in this regard issued by Dr. Ramesh R.Chandak is annexed with the petition. It is contended that the the petitioner went to the College for submission of examination form with the said medical certificate dated 4.2.2011 on 1.2..2011, however, the Board did not accept the examination form, in view of the above-referred reasons, therefore, the Board issued the impugned communication in this regard dated 7.2.2011 accordingly, on the basis thereof the Principal of the College issued further impugned communication dated 8.2.2011. Learned counsel for the petitioner has submitted that since the petitioner was critically ill and was advised bed rest, could not submit the application form before the cut off date and, therefore, has a legitimate cause to demonstrate for the delay. Mr. Parchure, learned counsel for the Board has submitted that the examination form of the petitioner was not accepted because it was submitted beyond the cut off date. We have considered the contentions canvassed by the respective counsel and perused the impugned communications. The impugned communications demonstrate that the examination form of the petitioner of Higher Secondary Certificate examination scheduled to 3 be held in February/March 2011 was not accepted by the Board as well as the College since it was submitted beyond the special cut off date 18.1.2011. In view of the certificate given by the Medical practitioner it appears that the petitioner was indisposed till 30.1.2011 and, therefore, could not submit the examination form before the cut off date. Considering the facts and circumstances of the present case, we are of the view that the delay caused is neither deliberate nor purposeful and was beyond the control of the petitioner. Therefore, in the facts and circumstances of the present case, we quash and set aside the impugned communciation dated 7.2.2011 as well as 8.2.2011 and direct the College i.e. Shri Shivaji Arts, Commerce and Science College, Akola to accept the examination form of the petitioner if the petitioner is otherwise qualified and eligible with late fee, special late fee or extraordinary special late fee and forward it to the Board who is also directed to accept the same if the petitioner is otherwise eligible. Steno copy allowed. With the above directions, Writ Petition is disposed of. JUDGE JUDGE sahare