SM 1 906.wp.2596.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2596 OF 2011 Shri Nikhil Balvant Hitare .... Petitioner Versus The Principal, Jaysingpur College, Jaysingpur & Ors. .... Respondents ______________ Mr.Vijay Killedar for the Petitioner. Mr.Tejpal Ingale for Respondent No.1. Mr.Kiran Gandhi with Ms.Shyamali Gadre i/b Little & Co. for Respondent No.2. Mr.V.S.Gokhale, A.G.P. for Respondent No.3. _______________ CORAM: A. M. KHANWILKAR AND R. Y. GANOO, JJ. DATE: JUNE 10, 2011. P.C.: 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Ingale waives notice for Respondent No.1. Mr.Gandhi waives SM 2 906.wp.2596.11 notice for Respondent No.2. Mr.Gokhale, A.G.P. waives notice for Respondent No.3. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. By this Writ Petition under Article 226 of the Constitution of India, the petitioner has challenged the communication dated 25 th / 28 th February, 2011 issued under the signature of the Divisional Secretary, Kolhapur Divisional board, Kolhapur, whereby the petitioner’s request to issue mark sheet in respect of his results pertaining to examination conducted in the month of October, 2010 has been rejected. 5. Briefly stated, the Petitioner appeared in H.S.C. examination for the academic year 2009-10 in February, 2010. Results of the said examination were declared in June, 2010. The SM 3 906.wp.2596.11 petitioner secured aggregate 49% marks in subject Maths Group ('A' Group). He wanted to improve the said position for which he opted to appear for the examination to be conducted in the month of October, 2010. Accordingly, the petitioner appeared in the examination conducted in October, 2010 results whereof were declared on 22 nd November, 2010. 6. As per the scheme propounded by the Board, the students who intend to avail of the improvisation of marks scheme are expected to submit their optional form within 7 days from the date of declaration of the results alongwith the mark sheet of the earlier examination. The Petitioner was, therefore expected to submit the said optional form and mark sheet pertaining to the examination conducted in February, 2010 through his college within 7 days. Only thereafter, the petitioner would have become entitled for issuance of mark sheet of the subsequent examination conducted in October, 2010. Failure to comply with this condition SM 4 906.wp.2596.11 entails in cancellation of all the performance and as also the mark sheet in relation to the subsequent examination, even though the candidate may have secured better marks in the subsequent examination. It is not in dispute that the petitioner did not submit application form within the said time frame for which the consequences ought to follow. Thus understood, the Divisional Secretary cannot be blamed for having rejected the request of the petitioner for issuance of mark sheet in respect of October examination. Ordinarily, there would be no reason to interfere with such a decision of the Board. However, it is common ground that the scheme referred to above is not a statutory scheme. It is issued to regulate the Scheme. Besides, the scheme does not provide for any corrective mechanism, of at least one opportunity to the candidate who can offer explanation and just cause for his inability to submit the optional form within 7 days along with the mark sheet of the earlier examination. Considering the drastic consequences flowing from the failure to submit the optional form SM 5 906.wp.2596.11 within 7 days, it would be appropriate that the Board ought to provide some mechanism whereby on showing sufficient cause, the candidate's application even if given beyond 7 days can be entertained up to the maximum period to be specified by the Board. As of today, no such mechanism is available to the students. We hope and trust that the Board will consider these issues and take appropriate measures, as may be advised. 7. In so far as the present matter is concerned, to do substantial justice, we are inclined to issue directions to the respondent authority to entertain the optional form submitted by him along with mark sheet of the examination conducted in February, 2010, provided, the same is tendered by the petitioner on or before 13 th June, 2011 in the office of the respondent no. 1, who in turn shall process the same and forward it to the respondent no. 2 for further compliance and issuance of mark sheet to the petitioner pertaining to examination conducted in October, 2010. SM 6 906.wp.2596.11 Admittedly, the petitioner has secured improvised marks in subject Maths Group ('A' Group). 8. We hope and trust that the respondent no. 2 in turn shall take appropriate measures so as to ensure that the mark sheet in terms of the request made in the optional form is issued to the petitioner on or before 15 th June, 2011. 9. The Petition is disposed off on the above terms. (R. Y. GANOO, J.) (A. M. KHANWILKAR, J.)