Baswaraj Vishwanath Matkatte v. The State Of Maharashtra And Another

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7763 OF 2014 WITH WP/7764/2014 BASWARAJ VISHWANATH MATKATTE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Party In Person AGP for Respondent State : Mr.K.G.patil Adv.Mr.V.R.Sonwalkar for R.2 ...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 9th February, 2015.

P.C. :

The petitioner seeks directions against respondents to issue the Model Answer Sheets of the 10th standard examination held in March, 2011 by Aurangabad Board and the Model Answer Sheets of the 12th standard examination held in March, 2013 by Latur Board. 2] The petitioner states that the appeal has been filed before appellate authority, the same is not decided since six months. The petitioner is entitled to the copies of Model Answer Sheets. Vide application under the Right to Information Act the same is demanded to the respective boards, however, it is not supplied. As the delay is caused in supplying answer sheets, petitioner is not liable to pay any charges for the same.

3] Mr.Sonwalkar, learned counsel upon instructions of the

{2} officers of the respective boards, submits that the boards would supply the Model Answer Sheets to the petitioner within a period of fifteen days.

4] The appeal is pending with the authority, however, it appears that the same is not decided since six months. The appellate authority was expected to decide the said appeal expeditiously. Be that as it may, as the respondents have shown their willingness to give copies of the Model Answer Sheets as asked by petitioner, we are not entering into the said aspect. We are not entering into the aspect about the delay being caused by either of the parties. 5] In view of the said statement made, we pass following order : a] The respondent Board at Aurangabad shall give copies of the Model Answer Sheets as demanded by the petitioner under the Right to Information Act of the 10th standard examination held in March, 2011 to the petitioner within fifteen days from today.

So also, the Latur Board shall give copies of the Model Answer Sheets of the 12th standard examination held in March, 2013 to the petitioner within fifteen days from the date of this order. The aforesaid copies shall be given on the charges as applicable and payable. We are not entertaining the request of the petitioner of giving the copies free of charge.

b] In view of the present order, the Appeal filed by petitioner before appellate authority would not

{3} survive and shall stand disposed of.

6] Writ Petitions stand disposed of. No costs.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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