1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.2280 of 2006 [Nandura English Education Society Vs. State of Maharashtra & ors.] With Writ Petition No.4704 of 2006 [Shashikant Bhimrao Tombre & ors. Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Writ Petition No. 2280 of 2006 : Mr. A.V. Bhide, Adv., for the petitioner. Mrs. B.H. Dangre, Addl. Govt. Pleader for respondent nos. 1 to 3. ------ Writ Petition No. 4704 of 2006 : Mr. G.G. Mishra, Adv., for petitioners. Mrs. B.H. Dangre, Addl. Govt. Pleader for respondent nos. 1 to 4. Mr. A.V. Bhide, Adv., for respondent nos. 5 and 6. ------ CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 24th August, 2009. 1. Writ Petition No. 2280 of 2006 is by Management seeking to challenge Govt. Resolution dated 26th May, 2005 and also communication dated 13th September, 2005 issued thereafter by Principal, District Education & Training 2 Institute, Buldana, to them. 2. Writ Petition No. 4704 of 2006 is by six students, who were admitted by petitioner- Management in first petition for B.Ed. [two-year Course]. 3. The contention of Management is that as per law then prevailing, it had absolute privilege to admit students against seats reserved for management and the above mentioned Govt. Resolution and communication amounted to encroachment upon said right. 4. Perusal of various interim orders passed by this Court in the matters show that six students, who were admitted by Management in exercise of their alleged right, were permitted to prosecute the studies, to undertake examination, directions were issued to declare their results and accordingly the said students have successfully completed the course. Adv. Mr. Bhide for Management states that five students have passed in the course, while one has failed. 5. It is seen that declaration of results of respective examinations was subject to further orders of this Court in these matters. The contention of Management about encroachment upon their rights by Govt., was available only in the academic year 2005-06, and because of 3 change in law thereafter, the said issue no longer survives. 6. In these circumstances, as there is no other batch of students making any grievance against the admission procedure then followed by petitioner-Management, we find that it is not necessary to look into the challenge on merits. Five students against whom there are no allegations of malafides, or otherwise, have completed the course and hence such exercise on merits may only prejudice their careers. 7. In the circumstances, we dispose of both the Writ Petitions as infructuous. However, we confirm the interim orders already passed and protect the performance of respective students in the examinations of which results were directed to be declared. No costs. Judge Judge |Hedau| 4