1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 4634 of 2007 (Shirin Parveen Yusuf Khan & Ors. vs. State & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : January 23, 2008. Heard Mr. F.T.Mirza, Adv. for the Petitioners, Mr. Sonak, Assistant Government Pleader for the Respondent Nos. 1 and 4, Mrs.Khade, Adv. for the Respondent No.3 and Mr. Qazi, Adv. for the Respondent Nos. 5 and 6. Counsel for the petitioners states that in the present petition all the petitioners were admitted in respondent no.6-School run by the respondent no.5-Management for the Academic Session 2007-08 in the 12th Std. However, none of them is permitted to fill up the requisite form for registration and grant of permission to appear in the examination. Learned counsel has submitted that, in such a situation, appropriate directions be given to the respondents in the interest of justice. Mrs. Khade, Adv. for the respondent no.3 has submitted that the respondent no.6-School is run by the respondent no.5- 2 Management without prior permission of the competent Authority and therefore, it is a school which is run unauthorisedly by the respondent no.5-Management. It is contended that, in order to protect the interest of the students admitted by the School run unauthorisedly, the State Government has issued a Circular dt. 8.8.2002 wherein it is mentioned that such students will not be transferred to any other authorised School for the purpose of appearing in the examination. However, such students are required to collect Form No.17 from the respondent no.2-Board and are required to submit the same before the cut-off date, which initially was 30th September, 2007. It is further submitted that, in the instant case, all the petitioners those who are admitted by the respondent no.6-School, which is run unauthorisedly, though collected Form No. 17, however, they did not submit the same to the Board even though the cut-off date was at a latter point of time extended by the Board upto 30th November, 2007. It is, therefore, contended that, in such a situation, it is not possible to grant registration to the petitioners as well as grant permission to appear in the examination. The above referred facts are not in dispute. Counsel for the petitioners has submitted that in the instant case if permission is not granted to the students to appear in the examination, they will lose their precious one year which will affect their future and therefore, the grievance of the petitioners may be considered sympathetically and appropriate directions in this regard may be given. 3 We have considered the contentions canvassed by the respective counsel. It is nodoubt true that if the petitioners would have been the only students and the Court would have considered the request made by the petitioner, however, we cannot ignore the fact that, in the whole State of Maharashtra, there may be many other students who are similarly circumstanced and therefore, once we show indulgence only on the ground of sympathy, in that case this would open the flood gate and would create multiple complications in the whole process. In the instant case, it is not in dispute that the petitioners failed to submit Form No.17 though it was collected by them from the Board before 30th November, 2007. In that view of the matter, it is difficult for us to show any indulgence, particularly because the extended cut-off date is also over and the petitioners did not even bother to submit the Form. For the reasons stated hereinabove, no case is made out to showing indulgence. Hence, the Writ Petition is dismissed. JUDGE JUDGE ssj