Shri Murudeshwar Shikshan Prasarak Sanstha Through Its Secretary R N Sontakke And Another v. The State Of Maharashtra And Another

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1472 OF 2017 Shri Murudeshwar Shikshan Prasarak Sanstha, Pimpalgaon through its Secretary Vs. The State of Maharashtra and another.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.B.B.Dahiphale, advocate for the petitioner. Mr.M.B.Bharaswadkar, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 08.02.2017.

PER COURT :

1.

Heard.

2.

Learned counsel for petitioner states that since 2009, the petitioner was allotted centre for HSC examination. The same is abruptly cancelled. The show cause notice was issued to the petitioner on 10.11.2016. The same was assailed in the present Writ Petition. The learned counsel submits that the petitioner College has all the necessary infrastructure and the students. Girl students are more. If the centre is allotted at other place, it will be difficult for the students of the petitioner No.2 to travel long distance and appear for the examination. The learned counsel submits that even

the order dated 25.1.2017 was not served to the petitioner till filing of the Writ Petition and it was served only on 1.2.2017. 3.

Ms.Mahajan, learned counsel for Respondent No.2 states that petitioner has no vested right. The petitioner No.2 has only 71 students. The order is passed on 25.1.2017 negativing the request of the petitioner No.2 for allotment of the centre. The centre is allotted at Palam, where there are more students and all infrastructural facilities are available. The petitioner No.2 has no locus-standi.

4.

We have considered the submissions.

5.

The centres are already allotted. It is submitted by Respondent No.2 that hall-tickets are issued. The petitioner has not challenged the order dated 25.1.2017, cancelling the allotment of the centre to the petitioner No.2 though it is submitted that the said order is served upon the petitioner on 1.2.2017, still, the petitioner could have assailed the same. The same is not done. 6.

Considering the over-all conspectus of the matter, it would not be possible to interfere and accede to the request of the petitioner.

7.

The Writ Petition is disposed of. No costs. (K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.08.02.2017.

asp/office/wp1472.17