ZADE MANISHA GUNDERAOJI Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) HEARD.

(2.) RULE. Rule is made returnable by consent.

(3.) THIS petition is preferred by fifty students of Respondent No. 6 Late santaramji Rabbewar D. Ed. College, Basmat, Dist. Hingoli, seeking direction to the respondents - competent authorities to issue and accept the examination forms and fees of the petitioners for first year D. Ed, course and permit them to appear for examination, which was scheduled to be held from 23rd October, 2007, in the light of the facts and circumstances, urged before us. At this juncture, we may note that though the petition was filed just prior to scheduled examination, and was circulated before us on 19-10-2007, we thought it fit not to issue any interim relief without hearing the respondents and when it was apparent that last minute preparation to hold examinations under the orders of the Court would not be proper nor possible. We may further note that we are of the considered view that the petition need not be disposed of with direction that it is rendered infructuous as the examinations for which the petitioners intended to appear, are over. This is because, we are of the view that the issues involved require deeper scrutiny in the merits of the matter. We may also note that two other petitions of students from different institutions involving similar issues, are also being disposed of separately wherein both those institutions were approved minority institutions, whereas the question involved in this petition is somewhat different, in the sense whether respondent No. 6 institution is a minority institution at all and if so, was it enjoying such status when 100% students, who are petitioners, were admitted by the institution by advertisement on 13th May, 2007.