Lokmanya Shikshan Sanstha Through Its Secretary N B Aghashe And Another v. The State Of Maharashtra And Others

1 WP 1900/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1900 OF 2017 Lokmanya Shikshan Sanstha, Khuntephal, Tq. Ashti, Dist. Beed & Anr.

Petitioners V E R S U S The State of Maharashtra, Through its Secretary School Education & Sports Department Mantralaya, Mumbai-32 & two Ors.

Respondents Mr. V.D. Gunale, Advocate for the petitioners Mr. Y.G. Gujrathi, A.G.P. for respondent No.1 Ms. Surekha Mahajan, Advocate for respondent nos. 2 & 3 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 17TH FEBRUARY, 2017 PER COURT :

1.

Mr. Gunale, learned counsel for the petitioners submits that petitioner no.2 was given Centre for H.S.C. Examination since the year 2000. The petitioner no.1 - Society itself has got three junior colleges. The learned counsel further submits that the students in the petitioner-Centre are more than 267. The same is sufficient as per the norms of

2 WP 1900/17 the H.S.C. Board. According to the learned counsel, there is no change in the circumstance for cancellation of sanctioned Centre. According to the learned counsel, now the Schools are attached to the different Centres which are at the distance of 7-8 k.ms., which is inconvenient for the students. For convenience of the students, the change in the Centre is required to be stopped. Learned counsel further submits that there is absolutely no allegation of any mal-practice at any point of time.

2.

Ms. Mahajan, learned counsel for respondent nos. 2 and 3 submits that as per the guidelines of the Education Board there cannot be isolated Centre. All the three junior colleges are attached in the same vicinity. It would be isolated Centre. The said change is as per the prescribed norms. Learned counsel submits that, if the Schools of the petitioners are attached at this stage, it would affect the students. 3.

We have considered the submissions canvassed by the learned counsel for the parties. It is the

3 WP 1900/17 fact that the allegations of the mal-practice are not against the petitioners. It would be seen that it is the policy of the respondents not to allot isolate Centre. The examination of H.S.C. students will commence from 28th February, 2017. As per the statement made by the respondents, all arrangements are already made and even the practical examinations are over.

4.

As per the statement made by respondent No.

3, the distance between Gangadevi Junior College and Devalgaon Ghat is about 4 to 5 k.ms. Be that as it may, considering the decision taken by the Board and the existing facts, it is not expedient to entertain the Writ Petition. The prayer for allotting Centre for present year made in this petition is without any merit.

5.

In case the application is submitted by the petitioners seeking Centre of H.S.C. Examination for the next year, same shall be considered by the Board on it's own merits.

4 WP 1900/17 6.

In view of the above, Writ Petition stands disposed of. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/17/2/17