1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1611/2011. Gramin Bahuuddeshiya Shikshan Sanstha -VERSUS- State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : 30.06.2011. Heard Shri M.P. Kariya, learned Counsel for petitioner and Shri N.W. Sambre, learned Govt. Pleader for respondents. By interim orders on 01.04.2011 this Court directed respondent no.3 to provisionally accept the examination form of 50 students of petitioner Institution. Accordingly the respondent no.3 after due scrutiny accepted 30 forms and permitted those students to appear. By placing reliance upon the reply 2 affidavit, learned Government Pleader states that forms were deliberately not submitted within time by the petitioner and students were admitted after last date. According to him, to enable such students approaching late to it, the petitioner has deliberately violated the program circulated to it on 30.07.2010. and then approached this Court. In this situation, the petition needs to be dismissed. Shri Karia, learned Counsel for petitioner is disputing this and according to him all 50 forms as per interim orders needed to be accepted. While passing interim orders on 01.04.2011, this Court has expressly observed that the acceptance of examination form shall not create any equity in favour of the students and if the students are permitted to appear for the examinations, performance therein, will be subject to result of the present petition. It is to be noted that this order has been passed on the very first date of hearing when the respondents could not instruct their counsel and necessary facts were not before this Court. In this situation, we permit the respondents to undertake the 3 scrutiny of forms received by it and to find out whether the students who have been permitted to appear for examination have been properly admitted and satisfy the norms. After such scrutiny, the respondents can proceed further to take appropriate decision in the matter. As it is the future of the students which is involved in the matter, we find that innocent students cannot be made to suffer for any latches or negligence on the part of their institution. Even if their institution has deliberately not forwarded their forms in time, it is apparent that no action can be taken in that situation. However, the respondents are free to take action against the student who have been found to have violated the prescribed procedure and against the institution. With these observations and liberty to respondents in the matter, we dispose of the petition. No costs. JUDGE JUDGE Rgd