bsb 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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION 1. WRIT WRIT WRIT PETITION NO. 1344 OF 2008 PETITION NO. 1344 OF 2008 PETITION NO. 1344 OF 2008 Shri Manthan Navin Shah ... Petitioner v/s 1. The Maharashtra Board of Secondary & Higher Secondary Education, Mumbai Divisional Board & anr. ... Respondents 2. WRIT WRIT WRIT PETITION NO. 1345 OF 2008 PETITION NO. 1345 OF 2008 PETITION NO. 1345 OF 2008 Shri Amit Sunil Valani ... Petitioner v/s 1. The Maharashtra Board of Secondary & Higher Secondary Education, Mumbai Divisional Board & anr. ... Respondents 3. WRIT WRIT WRIT PETITION NO. 1346 OF 2008 PETITION NO. 1346 OF 2008 PETITION NO. 1346 OF 2008 Shri Avinash Santosh Shivhare ... Petitioner v/s 1. The Maharashtra Board of Secondary & Higher Secondary Education, Mumbai Divisional Board & anr. ... Respondents 4. WRIT WRIT WRIT PETITION NO. 1347 OF 2008 PETITION NO. 1347 OF 2008 PETITION NO. 1347 OF 2008 Shri Yatindra Mehendra Kataria ... Petitioner v/s 1. The Maharashtra Board of Secondary & Higher Secondary Education, Mumbai Divisional Board & anr. ... Respondents 5. WRIT WRIT WRIT PETITION NO. 1348 OF 2008 PETITION NO. 1348 OF 2008 PETITION NO. 1348 OF 2008 Shri Vishal Ramesh Bafana ... Petitioner 2 v/s 1. The Maharashtra Board of Secondary & Higher Secondary Education, Mumbai Divisional Board & anr. ... Respondents Mr.P.M.Havnur for the petitioner. Ms.Deepa Chawan i/by K.J.Gandhi for respondent No.1. Mr.D.H.Sawant for the respondent No.2. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 28TH FEBRUARY, 2008. 28TH FEBRUARY, 2008. 28TH FEBRUARY, 2008. P.C. P.C. P.C.: Mentioned. Not on board. 1. These matters were adjourned for four weeks. At the request of the learned counsel for the petitioner we have taken it on board. The affidavit in reply has been tendered in Court and taken on record. 2. The affidavit in reply has been filed by one Head Clerk who claims to be the Administrative Officer of the respondent No.2 institution. We are not satisfied with the contents of the affidavit. Secondly, no responsible office bearer of the institution like the President or Secretary of the Trust or Society which runs the institution has come forward. Respondent No.2 institution, in the affidavit filed on their behalf of 3 by the Head Clerk fairly admits that it is their fault. In that case, nothing prevents the petitioner students who have been deprived from appearing for the H.S.C. Examination to be held in February-March, 2008 from claiming compensation by filing appropriate claims against the institution i.e. respondent No.2. As we find that these students are not able to satisfy the respondent Board of their eligibility, they cannot be permitted to appear for the examination and the decision of the Board in this respect does not call for any interference. 3. All the writ petitions stand dismissed. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)