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Bombay High CourtWP/1929/2017disposed offdismissed for default

Dhaneshwari Secondary School Through Its Headmaster A K Raut And Another v. The State Of Maharashtra And Another

2017-02-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane4 pages

1 WP 1929/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1929 OF 2017 Dnaneshwar Secondary School, Dhanegaon (Camp), Tal. Kaij, Dist.

Beed, Through its Headmaster, Ashok S/o Kerba Raut and another Petitioners V E R S U S The State of Maharashtra, Through its Principal Secretary, School Education Department, Mantralya, Mumbai and another Respondents Mr. S.S. Thombre, Advocate for the petitioners Mr. R.B. Bagul, A.G.P. for respondent No.1 Mr. R.R. Mane, Advocate, holding for Smt. Surekha Mahajan, Advocate for respondent No.2 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 27th FEBRUARY, 2017 PER COURT :

1.

The learned counsel for the petitioners states that the petitioner No.1-School is the Centre for S.S.C. examination since two years. In this year, Centre of the petitioner No.1-School is cancelled. Petitioner no.2-School was also attached to petitioner

2 WP 1929/17 No.1-School and four other schools have also given their consent to attach the students to the petitioner no.1-School. Learned counsel further states that all the necessary infrastructure is available with petitioner No.1-School and there are no allegations of mal-practice with petitioner No.1-School.

2.

Mr. R.R. Mane, Advocate for respondent No.2 submits that all the arrangements are made for the S.S.C. examination and even the Hall Tickets are also issued. Except petitioner No.1-School, all other students of other schools travel at a lesser distance. The petitioner No.2-School is at the distance of 03.00 k.ms.

3.

We have considered the submissions. It is true that allegations of mal-practice are not made against the petitioner No.1-School. The petitioner No.1-School was a Centre for S.S.C. examination for last two years. This year, Centre of the said School appears to have been cancelled.

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We are not examining the merits of the case only on the ground that all the arrangements for holding S.S.C. examination which is to commence from on 8th March, 2017 are made and the students of these Schools will have to be relocated.

5.

However, the respondents shall consider the claim of the petitioner No.1-School for S.S.C. Examination Centre for the next year on its own merits. The order passed for this year cancelling the Centre would not come in the way of the petitioner No.1.

6.

In view of above, Writ Petition is disposed of. No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/27/2/17

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