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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3669 OF 2008 PETITION NO.3669 OF 2008 PETITION NO.3669 OF 2008 Mandar Surendra Mahale, through his natural guardian his mother Vrinda Mahale & others. : Petitioners versus Director, Directorate of Medical Education & Research, and others. : Respondents. Mr.Mihir Desai for the petitioners Mr.V.S.Gokhale, AGP, for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ., JJ., JJ., DATED DATED DATED : JUNE 18, 2008. : JUNE 18, 2008. : JUNE 18, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the parties. Perused the record. Counter affidavit has been filed. The case of the petitioners is that they were the candidates, who appeared for the Maharashtra State 2 Level Common Entrance Test Exam MHT-CET 2008 for a particular paper, which was held on 8.5.2008 at the Examination Centre. At that time suddenly the power failure took place for about 20 minutes and, since the room was dark, they could neither read their questions nor could write the answer sheets. According to them, they lost their precious 20 minutes and, therefore, they are seeking directions from this Court to grant the petitioners and other students, who appeared at that examination centre, additional marks proportionate to the loss of 20 minutes. 2. Counter affidavit has been filed, in which it is stated that there was a power failure for 5 to 6 minutes and alternate arrangements were made by providing Petromax lights. It is also stated that even sufficient sunlight was there in the examination hall. 3. It will not be possible for this Court to decide in these proceedings, whether because of power failure, the examination room become so dark that neither one could read nor write. Therefore, the petition can not be entertained. Even if this Court comes to conclusion that nothing could be seen in the examination hall because of the power failure and the 3 students could not read or write during the break down, even then we are afraid that no relief can be granted at this stage. It is not possible to fix a proportion for awarding marks for loss of time. Because one can not say that if a student secures 100 marks for sitting in an examination hall for an hour, he will secure 200 marks if he sits for two hours. Copy of the Comparative Statement showing the marks secured by the three of the petitioners have been furnished to us. These marks relate to the Physics and Chemistry paper of CET Exam. for which the petitioners appeared and sat in the examination hall on the relevant date. One of the candidates has secured 20% marks, another has secured 33% marks and the third one has secured 46% marks. Even if they are given marginal benefits because of alleged loss of time, even then they would not be getting sufficient marks to ensure their admission in any stream. 4. With these observations, the petition is disposed of. However, we would like to direct the Government to ensure that in future proper arrangements are made for conducting the examinations as such examinations are important for the career of the students. No examination centre should be without alternate arrangement of light, if the natural light 4 is not sufficient in the examination hall. The Government should also make arrangement for drinking water and other necessary facilities in all the examination centres positively and wherever the authorities feel that the natural light is not sufficient for conducting the examination, they shall make advance arrangement by providing generators to such examination centres. [BILAL [BILAL [BILAL NAZKI, J] NAZKI, J] NAZKI, J] [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]