MEERA BHAGWAT JADHAVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these petitions are taken up for hearing and disposal together as the issues involved therein are identical, pertaining to question of approval to the petitioners - students to appear for D.Ed. examinations conducted by the concerned respondents.

(2.) It is the case of the petitioners that they sought admissions in the college of respondent no.7 as per the advertisements published in the newspaper. The petitioners have completed their syllabus and they were ready for appearing for the ensuing first year D.Ed. course examination which was scheduled to be held from 23rd October, 2007 but, subsequently, the petitioners came to know from respondent no.7 that their examination forms and fees were not considered / accepted by concerned respondent - District Institute of Education and Training (for short, D.I.E.T.) and, therefore, they would not be allowed to appear for ensuing examination and, therefore, further enquiry was made and they came to know that their examination forms and fees were not accepted at the instance of the competent authority - respondents concerned and as a result of which, they would not be permitted to appear for the first year D.Ed. course examination which was scheduled to be held from 23rd October, 2007. The petitioners have submitted their examination forms duly filled in all respect and have paid necessary fees. The examination forms were also allegedly forwarded for necessary compliance to respondent - D.I.E.T. However, the said respondent - D.I.E.T. refused to accept the examination forms and fees. This aspect created apprehension in the minds of the petitioners and they realised that they would not be allowed to appear for examination, which was to be held from 23rd October, 2007, without any fault of theirs and hence, the petitions came to be filed seeking relief to the extent of directions to the competent authorities of the respondents to accept the examination forms of the petitioners for the first year D.Ed. course and permit them to appear for the said examination which was to be held from 23rd October, 2007.

(3.) It may be noted at this juncture that as both the petitions were filed at the last moment, this Court was not inclined to issue interim relief with directions to the respondents to take / accept the forms and fees, as it was found not possible to make preparation at the last moment to hold examinations under the orders of the Court and hence the matters were kept pending with observation that if at all the petitioners succeed in the petitions, then suitable directions could be contemplated from this Court to the concerned respondents. Subsequently, we were also of the view that it would not be proper to dispose of the petitions as infructuous only on the ground that examinations were over.