LAWS(BOM)-1989-4-15

VINAYAK PRALHADRAO NAIK Vs. STATE OF MAHARASHTRA

Decided On April 17, 1989
VINAYAK PRALHADRAO NAIK Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THESE petitions are filed by the students who were admitted by different institutions who were not granted recognition by the Government of Maharashtra. These students were admitted for D. Ed. course and were allowed to continue and prosecute their studies throughout the year. Their examination forms are not accepted by the Commissioner and Bureau of Government Examinations (respondent No. 6 in Writ Petition No. 489 of 1989 ). The ground given for not accepting the examination forms is that the institutions which admitted these and similar students were not recognised by the State Government and the admissions are given by the managements without having obtained any proper recognition, therefore, the admissions of these and other students are illegal.

(2.) APART from this, a communication is also addressed to the management by Exhibit F-1 dated 1-2-1989 (in Writ Petition No. 489 of 1989) that the management will be prosecuted for admitting students illegally without obtaining proper permission or recognition from the competent authority. In this letter, it was also mentioned that their act constitutes a criminal offence and will be dealt with accordingly.

(3.) THE students have, therefore, filed these petitions seeking directions from this Court to enable them to appear at the D. Ed examinations commencing from 19 April, 1989. They have also contended that not only the students who have approached this Court should be granted such relief but such of those students who were admitted by these institutions and whose forms were not accepted by the respondent No. 6 should be treated similarly and granted the same relief alongwith the petitioners. Shri Patil, learned A. G. P. appearing for the respondent Nos. 1,2,4 and 5 contended that because of the illegalities committed by the managements, the students admitted by them should not be permitted to appear for this examination as not only the institutions but even students were warned from taking admissions and education in such institutions.