(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10829 OF 2010 Madhyamik Ashram Shala And Arts and Science Junior College, Sondale, Taluka : Sindkhed, District : Dhule, Through its Principal, Tulshiram Pandharinath Shimpi, Age : 50 years, Occupation : Service, R/o. Sondale, Taluka : Sindkhed, District : Dhule. .. Petitioner. versus The Maharashtra Secondary and Higher Secondary Board, Nashik Division, Nashik, Through its Divisional Secretary. .. Respondent. ....................... Mr. S.S. Patil, Advocate, holding for Ms. V.B. Kapse, Advocate, for the petitioner. Mr. S.G. Sangle, Advocate, for the respondent. ........................ (2) CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 15TH DECEMBER 2010 COURT'S ORDER (Per R.M. Borde, J.) : 1. The petitioner / Educational Institution has approached this Court, seeking a direction against the respondent / Board, for restoring the examination centre for conducting H.S.C. examinations at village Sondale (Taluka : Sindkheda, District : Dhule). 2. It is the contention of the petitioner, that the school at village Sondale, run by the petitioner / institution, was provided with the facility of conducting H.S.C. examination, on the basis of the order issued by this Court, dated 18th February 2010, in Writ Petition No. 1421/2010 and companion petitions. 3. We have perused the order passed by this Court, in Writ Petition No. 1421/2010 and companion petitions. It is evident, that the order has been passed on the basis of the concession given by the Counsel appearing for the Board in the matter. The petitioner, as such, cannot claim entitlement to run the centre for conducting H.S.C. examination on the basis of the (3) earlier order passed by this Court, which is based on concession given by the Counsel appearing for the Board in that matter. 4. The learned Counsel appearing for the respondent / Board has pointed out that in order to facilitate the students to appear for H.S.C. examination, the centre is provided at a distance of 3 Kms. away from village Sondale. It is also pointed out that there are some complaints made by the students at village Chimthane (Taluka : Sindkheda, District : Dhule). The students from the school situated at village Chimthane were required to appear for H.S.C. examination at centre situated at village Sondale and they were not provided with proper amenities at the examination centre. There was strong protest by the students who were required to appear for H.S.C. examination at centre Sondale during previous year. Considering all the relevant aspects, the Divisional Board has taken a decision to cancel the examination centre for H.S.C. examination at village Sondale. It cannot be said that any hardship is likely to be caused to the students who are required to appear for H.S.C. examination at the centre which is 3 Kms. away from the school. 5. The petitioner / Society has no legal right to insist for providing a centre for H.S.C. examination at a particular place. Apart from this, the students who are likely to be affected have (4) not come forward to make complaint or grievance in that regard. 6. In this view of the matter, no interference is warranted in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The petition is devoid of merit. 7. In the result, the petition is dismissed. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp10829