1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL ORIGINAL ORIGINAL SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 2947 OF 2006 PETITION NO. 2947 OF 2006 PETITION NO. 2947 OF 2006 KARTIKEYA KARTIKEYA KARTIKEYA GUPTA GUPTA GUPTA ......... PETITIONER. PETITIONER. PETITIONER. VS. VS. VS. THE THE THE STATE OF MAHARASHTRA STATE OF MAHARASHTRA STATE OF MAHARASHTRA ......... RESPONDENTS. RESPONDENTS. RESPONDENTS. MS. MS. MS. MEGHNA MEGHNA MEGHNA SEN I/B. KHAITAN &K JAYAKAR FOR THE SEN I/B. KHAITAN &K JAYAKAR FOR THE SEN I/B. KHAITAN &K JAYAKAR FOR THE PETITIONER. PETITIONER. PETITIONER. A.A.KUMBHAKOLI, A.A.KUMBHAKOLI, A.A.KUMBHAKOLI, A.A.GENERAL A.A.GENERAL A.A.GENERAL WITH P.M. MOKASHI AGP WITH P.M. MOKASHI AGP WITH P.M. MOKASHI AGP FOR FOR FOR THE THE THE RESPONDENTS. RESPONDENTS. RESPONDENTS. ..... ..... ..... CORAM CORAM CORAM : : : J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. DATE DATE DATE : July 31, 2007. : July 31, 2007. : July 31, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. Heard. Heard. Heard. 2.2.2. The The The learned Counsel for the Petitioner seeks learned Counsel for the Petitioner seeks learned Counsel for the Petitioner seeks adjournment adjournment adjournment in the matter but we are not inclined to in the matter but we are not inclined to in the matter but we are not inclined to grant grant grant the adjournment as on the last date also, the adjournment as on the last date also, the adjournment as on the last date also, adjournment adjournment adjournment was sought which was given by way of last was sought which was given by way of last was sought which was given by way of last chance. chance. chance. 3.3.3. This This This petition is filed by a candidate who has petition is filed by a candidate who has petition is filed by a candidate who has 2 failed failed failed to pass MHT-CET examination 2006, for seeking to pass MHT-CET examination 2006, for seeking to pass MHT-CET examination 2006, for seeking Order/Direction Order/Direction Order/Direction in the form of Mandamus, to the in the form of Mandamus, to the in the form of Mandamus, to the respondents respondents respondents to furnish him or disclose to the to furnish him or disclose to the to furnish him or disclose to the petitioner, petitioner, petitioner, the question paper for the MHT-CET the question paper for the MHT-CET the question paper for the MHT-CET Examination, Examination, Examination, 2006. 2006. 2006. In the affidavits in reply, filed In the affidavits in reply, filed In the affidavits in reply, filed on on on behalf of the State by Dr. Tayade, the Director behalf of the State by Dr. Tayade, the Director behalf of the State by Dr. Tayade, the Director of of of Medical Medical Medical Education and Research, M.S.Mumbai, it has Education and Research, M.S.Mumbai, it has Education and Research, M.S.Mumbai, it has been been been stated that the issues raised in this petition stated that the issues raised in this petition stated that the issues raised in this petition are are are already covered by two decisions of this Court, already covered by two decisions of this Court, already covered by two decisions of this Court, i.e. i.e. i.e. in Writ Petition No. 7098/2002 decided on 20th in Writ Petition No. 7098/2002 decided on 20th in Writ Petition No. 7098/2002 decided on 20th June, June, June, 2002 and Writ Petition No. 1446/2002, decided 2002 and Writ Petition No. 1446/2002, decided 2002 and Writ Petition No. 1446/2002, decided on on on 10th July, 2002, wherein Aurangabad Bench of this 10th July, 2002, wherein Aurangabad Bench of this 10th July, 2002, wherein Aurangabad Bench of this Court Court Court has dealt with the issue and found that as the has dealt with the issue and found that as the has dealt with the issue and found that as the Rules Rules Rules did did did not provide for such a right in a candidate not provide for such a right in a candidate not provide for such a right in a candidate and and and question papers cannot be supplied or provided to question papers cannot be supplied or provided to question papers cannot be supplied or provided to the the the candidate. We have gone through the Orders candidate. We have gone through the Orders candidate. We have gone through the Orders passed passed passed in in in the aforesaid two petitions, and we find no the aforesaid two petitions, and we find no the aforesaid two petitions, and we find no reason reason reason to take a different view of the matter. to take a different view of the matter. to take a different view of the matter. Besides Besides Besides that, the Petitioner is guilty of delay and that, the Petitioner is guilty of delay and that, the Petitioner is guilty of delay and latches latches latches in in in approaching this Court, we find that there approaching this Court, we find that there approaching this Court, we find that there isisis no vested right in the petitioner to seek a writ no vested right in the petitioner to seek a writ no vested right in the petitioner to seek a writ of of of the the the nature as against the respondents to forthwith nature as against the respondents to forthwith nature as against the respondents to forthwith furnish/disclose furnish/disclose furnish/disclose to the petitioner, the question to the petitioner, the question to the petitioner, the question papers papers papers of MH-CET examination. of MH-CET examination. of MH-CET examination. 3 . Consequently, Consequently, Consequently, the petition is dismissed with the petition is dismissed with the petition is dismissed with no no no Order as to costs. Order as to costs. Order as to costs. ..... ..... ..... [J.N.Patel, [J.N.Patel, [J.N.Patel, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]