LAWS(BOM)-2020-12-69

ADITYA Vs. STATE OF MAHARASHTRA

Decided On December 16, 2020
Aditya Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) The petitioners are students of respondent no.4 Junior College. Respondent no.4 is a college which runs Commerce and Science courses for 11th and 12th Std. examinations recognized by the Maharashtra State Board of Secondary and Higher Education, Pune and regulated by the Divisional Office at Nagpur, which is respondent no.3. In the 10th Std. examination, both the petitioners have secured about 33% marks in the Science Stream and therefore, they were not eligible for securing admission to the Science Stream of 11 th Std. Course. However, they were eligible for being admitted to Commerce Stream. Accordingly, as the petitioners made their applications for getting admission to the Commerce Stream, they were indeed granted admission to 11th Std. Course in Commerce stream by respondent no.4. Later on, the petitioners applied for change of their course from Commerce stream to Science stream and made such a request to respondent no.4. Respondent no.4 gladly granted the request and allowed the petitioners to change their course accordingly and admitted them to 11 th Std. Course in Science stream. Respondent no.4 allowed the petitioners to take 11 th Std. examination. Thereafter, the petitioners were also allowed to appear at the 12th Std. examination in the current academic year. However, their results were withheld. The petitioners, by filing this petition, have sought direction to respondent nos. 2 and 3 to declare their results.

(3.) From the reply filed to this petition on behalf of respondent nos. 2 and 3, it is seen that now the admissions of the petitioners to 12th Std. course in Science Stream have been cancelled by the order passed on 24.7.2020, about three days after this petition was filed. So, it is submitted by the respondents that now there would be no question of issuing any direction to respondent nos. 2 to 4 to declare results of examination of the petitioners taken by the Board.