1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1544 OF 2009 Sayyed Sahmshul Hasan (father of Master ) Mohammed Zahir Sayed) ).. Petitioner Versus Dunne’s Institute and others ).. Respondents Mr. S.D. Dighe for the Petitioner. Mrs. A.R. Lambay i/b Lambay & Co. for Respondent Nos.1 and 2. Mr. M.M. Vashi a/w Mr. Shaukat Merchant, Ms. Urvasi Tapas i/b M & M Legal Venture for Respondent No.4. Mr. A.G. Kothari for Respondent No.5. Ms. S. Sreedharan, Assistant Government Pleader, for the State. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 8TH SEPTEMBER 2009 P.C. The learned Counsel appearing for Respondent Nos.1 and 2 submits that they will delete the remark “promoted with warning” and will substitute the same with the word “promoted” from the mark sheet or the certificate of the Petitioner and then the Petitioner will be at liberty to take admission in any appropriate school. The learned Counsel appearing for the Petitioner contends that because of serious sickness which prolonged for more than a year, he was not able to perform very well. In these 2 circumstances, we direct the Director of Education or any competent authority to consider the case of the Petitioner for admission to any school where the seats are lying vacant and are likely to be wasted while ensuring that no child of the higher merit than the Petitioner suffers. As far as the attendance of the Petitioner is concerned, appropriate directions could be issued to the School to which the Petitioner is admitted, if at all. 2. Fresh certificate with the aforesaid substitution should be issued immediately 3. With the above directions, Writ Petition disposed of. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.