hcs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON (STAMP) NO.25781 OF 2009 Nitin Kumar Singh and Ors. .. Petitioners. Vs. Dina Institute of Hotel and Business Management and Ors. .. Respondents. Ms.Smita Gaidhani with Ms.Mangal Kadam for the petitioners. Mr.S.V.Pitre with Mr.Manoj Wadekar for respondent no.1. Mr.Girish Kulkarni with Mrs. M.G.Kulkarni for respondent nos.2 and 3. Mr.V.S.Masurkar, G.P. With Mr.A.B.Vagyani A.G.P. for respondent no.4. CORAM : F.I. REBELLO & D.B. BHOSALE, JJ. DATED : NOVEMBER 04, 2009 P.C. Rule. By consent heard forthwith. The Petitioners have approached this court contending that the Respondent-institution, where they are pursuing Diploma course in business management have not allowed them to fill in the forms and as such they will not be able to appear for the examination to be held by the University commencing from 14th November, 2009. It is further submitted that internal examination which is to be conducted by the Respondent-institution had commenced from 3.11.2009 and they have not been allowed to appear for the said internal examination. On behalf of the institution the learned counsel points out that without going into the controversy they will accept the examination forms, if submitted by the students alongwith the undertaking and a copy of which is handed over and marked as Exhibit “XY”. On behalf of university the learned counsel points out that the last date is already over but as exception the university will accept the examination forms alongwith late fees, if the examination forms are forwarded by respondent no.1 to them by 12.00 pm on 6.11.2009. On behalf of respondent no.1, the learned counsel states that the students must submit their forms by 5.00 pm on 5.11.2009. We make it clear that the undertaking given by the students of payment of fees as fixed by the Shikshan Shulka Samiti will be subject to their right of challenge, if they are so entitled. Rule made absolute with aforesaid directions. No order as to costs. (D.B. BHOSALE,J.) (F.I. REBELLO,J.)