1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.844 OF 2008 NO.844 OF 2008 NO.844 OF 2008 Sunil Sunil Sunil Bandu Bane & ors Bandu Bane & ors Bandu Bane & ors ...... Petitioners Petitioners Petitioners vs vs vs Wakhighol Wakhighol Wakhighol Shikshan Prasarak.. Shikshan Prasarak.. Shikshan Prasarak.. Respondents Respondents Respondents Mandal Mandal Mandal & & & ors ors ors Mr.A.B.Borkar Mr.A.B.Borkar Mr.A.B.Borkar for for for Petitioners Petitioners Petitioners Mr.P.P.Chavan Mr.P.P.Chavan Mr.P.P.Chavan with with with Mr.Kiran Gandhi i.b Little & Co Mr.Kiran Gandhi i.b Little & Co Mr.Kiran Gandhi i.b Little & Co for for for Respondent Respondent Respondent nos. 2 & 3. nos. 2 & 3. nos. 2 & 3. Mr.Samir Mr.Samir Mr.Samir Patil Patil Patil AGP for Respondent nos. 4 AGP for Respondent nos. 4 AGP for Respondent nos. 4 toto to 6 6 6 CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. Mentioned Mentioned Mentioned not not not on board. on board. on board. 1.1.1. Heard Mr.Borkar appearing for the petitioners Heard Mr.Borkar appearing for the petitioners Heard Mr.Borkar appearing for the petitioners and and and Mr.Chavan for respondent nos. 2 and 3-board Mr.Chavan for respondent nos. 2 and 3-board Mr.Chavan for respondent nos. 2 and 3-board and and and learned AGP for the respondent nos. 4 to 6. learned AGP for the respondent nos. 4 to 6. learned AGP for the respondent nos. 4 to 6. 2.2.2. The petitioners are students of a school which The petitioners are students of a school which The petitioners are students of a school which has has has been found to be unrecognised by the been found to be unrecognised by the been found to be unrecognised by the authorities authorities authorities according to the petitioners, at a according to the petitioners, at a according to the petitioners, at a stage stage stage when the Academic year was coming to an end. when the Academic year was coming to an end. when the Academic year was coming to an end. They They They are students who seek to appear for the are students who seek to appear for the are students who seek to appear for the ensuing ensuing ensuing S.S.C. examinations. The institution has S.S.C. examinations. The institution has S.S.C. examinations. The institution has been been been found to be unrecognised and that is how the found to be unrecognised and that is how the found to be unrecognised and that is how the suit suit suit was was was filed in which interim reliefs were sought filed in which interim reliefs were sought filed in which interim reliefs were sought inin in a a a mandatory form. The contention was that these mandatory form. The contention was that these mandatory form. The contention was that these 25 25 25 petitioners petitioners petitioners are from very poor families and they are from very poor families and they are from very poor families and they are are are not responsible for whatever that has happened not responsible for whatever that has happened not responsible for whatever that has happened inin in so far as the institution and the so far as the institution and the so far as the institution and the Education ducation ducation 2 department department department is concerned. They had filed a suit is concerned. They had filed a suit is concerned. They had filed a suit prior prior prior to the cut-off date prescribed by the to the cut-off date prescribed by the to the cut-off date prescribed by the Education Education Education board for the Examination forms board for the Examination forms board for the Examination forms despatched despatched despatched to to to it. In such circumstances, the trial it. In such circumstances, the trial it. In such circumstances, the trial Court’s Court’s Court’s order was sufficiently protecting the order was sufficiently protecting the order was sufficiently protecting the parties parties parties but, the lower appellate Court has while but, the lower appellate Court has while but, the lower appellate Court has while modifying modifying modifying it recorded the statement of the board it recorded the statement of the board it recorded the statement of the board that that that 25 students involved in the suit are given 25 students involved in the suit are given 25 students involved in the suit are given concession concession concession to fill in their forms as private to fill in their forms as private to fill in their forms as private students students students till 11th February, 2008 with Super-Late till 11th February, 2008 with Super-Late till 11th February, 2008 with Super-Late charges. charges. charges. 3.3.3. Mr.Borkar submits that the suit is pending and Mr.Borkar submits that the suit is pending and Mr.Borkar submits that the suit is pending and merits merits merits of the controversy may be gone into at a of the controversy may be gone into at a of the controversy may be gone into at a later later later stage. However, the lower appellate Court’s stage. However, the lower appellate Court’s stage. However, the lower appellate Court’s order order order does not protect the interest of the does not protect the interest of the does not protect the interest of the petitioners petitioners petitioners who are innocent minors The superlate who are innocent minors The superlate who are innocent minors The superlate charges charges charges would be in the vicinity of Rs.6000/- per would be in the vicinity of Rs.6000/- per would be in the vicinity of Rs.6000/- per student student student and these students who are coming from and these students who are coming from and these students who are coming from remote remote remote areas so also from educational institutions areas so also from educational institutions areas so also from educational institutions which which which are are are situate in an area which is not developed situate in an area which is not developed situate in an area which is not developed as as as like cities, it would be difficult for them to like cities, it would be difficult for them to like cities, it would be difficult for them to arrange arrange arrange for such a sum and remit it to the Board. for such a sum and remit it to the Board. for such a sum and remit it to the Board. There There There is every likelyhood that they would loose a is every likelyhood that they would loose a is every likelyhood that they would loose a Academic Academic Academic year in the light of these directions. year in the light of these directions. year in the light of these directions. 4.4.4. The lower appellate Court has adverted to the The lower appellate Court has adverted to the The lower appellate Court has adverted to the rival rival rival contentions at the prima facie stage so also contentions at the prima facie stage so also contentions at the prima facie stage so also noticed noticed noticed that Wakhighol Shikshan Prasarak Mandal, that Wakhighol Shikshan Prasarak Mandal, that Wakhighol Shikshan Prasarak Mandal, Savarde Savarde Savarde was not running an institution which was was not running an institution which was was not running an institution which was authorised. authorised. authorised. In paragraph 9 of the order reference In paragraph 9 of the order reference In paragraph 9 of the order reference isisis made to several documents and the fact that the made to several documents and the fact that the made to several documents and the fact that the 3 plaintiff plaintiff plaintiff before the trial Court and the appellant before the trial Court and the appellant before the trial Court and the appellant before before before the lower appellate Court were initially the lower appellate Court were initially the lower appellate Court were initially expected expected expected to fill in the forms of the students as to fill in the forms of the students as to fill in the forms of the students as private private private students. The lower appellate Court has students. The lower appellate Court has students. The lower appellate Court has issued issued issued the impugned directions. the impugned directions. the impugned directions. 5.5.5. In my view, considering the regulations of the In my view, considering the regulations of the In my view, considering the regulations of the board board board and and and the fact that it has yet to be decided as the fact that it has yet to be decided as the fact that it has yet to be decided as toto to whether the school was authorised or not, it whether the school was authorised or not, it whether the school was authorised or not, it would would would not be fair to interfere with the order of not be fair to interfere with the order of not be fair to interfere with the order of the the the lower appellate Court. lower appellate Court. lower appellate Court. 6.6.6. It is well settled that this Court or for other It is well settled that this Court or for other It is well settled that this Court or for other matters matters matters the the the Civil Court should not interfere in the Civil Court should not interfere in the Civil Court should not interfere in the internal internal internal affairs of the Educational institutions affairs of the Educational institutions affairs of the Educational institutions and and and Academic bodies save and except in clear cases Academic bodies save and except in clear cases Academic bodies save and except in clear cases of of of arbitrariness and malafides. arbitrariness and malafides. arbitrariness and malafides. 7.7.7. In these circumstances, the Writ Petition In these circumstances, the Writ Petition In these circumstances, the Writ Petition cannot cannot cannot be entertained and it is accordingly be entertained and it is accordingly be entertained and it is accordingly dismissed. dismissed. dismissed. 8.8.8. However, considering the fact that students However, considering the fact that students However, considering the fact that students before before before me are coming from a small village which is me are coming from a small village which is me are coming from a small village which is situate situate situate in Radhanagari Taluka in District Kolhapur in Radhanagari Taluka in District Kolhapur in Radhanagari Taluka in District Kolhapur so so so also also also lack of opportunities of education it would lack of opportunities of education it would lack of opportunities of education it would be be be fair, fair, fair, just and proper if the board considers the just and proper if the board considers the just and proper if the board considers the request request request for some concession in the superlate fees for some concession in the superlate fees for some concession in the superlate fees and and and charges. In the peculiar facts of the case charges. In the peculiar facts of the case charges. In the peculiar facts of the case when when when the litigation was pending from October, 2007 the litigation was pending from October, 2007 the litigation was pending from October, 2007 till till till date and the order of the lower appellate date and the order of the lower appellate date and the order of the lower appellate Court Court Court modifying modifying modifying and setting aside the trial Court’s and setting aside the trial Court’s and setting aside the trial Court’s 4 order order order is is is passed on 24th January, 2008 the board may passed on 24th January, 2008 the board may passed on 24th January, 2008 the board may consider consider consider granting granting granting concession in charges without the concession in charges without the concession in charges without the same same same being treated as a precedent for any other being treated as a precedent for any other being treated as a precedent for any other case. case. case. Petition Petition Petition is disposed of. is disposed of. is disposed of. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J)