vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.203 OF 2008 WRIT PETITION NO.203 OF 2008 WRIT PETITION NO.203 OF 2008 Head Master, Late Vithalraojee Shinde Vidyalaya, Solapur ... Petitioner V/s. The State of Maharashtra & Ors. ... Respondents Mr.A.M. Joshi for Petitioner Mr.V.P. Malvankar, AGP, for Respondent Nos.1 and 2 Mr.Kiran Gandhi for Respondent No.3 CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: JANUARY 14, 2008 JANUARY 14, 2008 JANUARY 14, 2008 P.C.: P.C.: P.C.: . Heard. 2. The petitioner is a school which has approached this Court seeking directions against the respondent Board to accept the forms of 72 students from the petitioner school on payment of a nominal fine. The grievance of the petitioner institution is that the respondents have been levied a fine of Rs.50 and Rs.100 which is ultra vires the Constitution of India and contrary to the provisions of the Maharashtra Secondary and Higher Secondary Boards Act. 3. We are informed by the learned counsel for the respondent-Board that the late fee and fine is assessed : 2 : in accordance with the G.R. dated 10.3.2003 which has been issued as per the government decision and is duly published of which the institutions are well aware and that there is no arbitrariness in levying the late fee. 4. In view of this, we find that the grievance of the petitioner that the levy of late fee is penal and arbitrary and therefore ultra vires the Constitution of India and the Rules of the respondent Board cannot be accepted. The petition is dismissed with costs quantified as Rs.5000/- which will be paid to the board within two weeks. It is clarified that the dismissal of the petition does not preclude the petitioner from making any representation to the Board in this regard which the Board would be free to decide in accordance with the Rules which govern imposing of late fee. (J.N. PATEL, J.) (SMT.NISHITA MHATRE, J.)