- (1.) H. L. Gokhale, C. J. Heard Mr. Ashok Khare, Senior Advocate appearing with Mr. P. N. Ojha in support of this appeal. Mr. Y. K. Srivastava appears for respondents.
(2.) MR. Khare seeks to delete appellant No. 2. He is permitted to do so during the course of the day. The appeal seeks to challenge the order dated 8th October, 2007 passed by the learned Single Judge. The appellant herein is an educational institution, which filed a writ petition, being Civil Misc. Writ Petition No. 39020 of 2007 with the prayer for mandamus commanding the respondent No. 3 to issue forms of High School Examination 2007 to it, allow its students to appear in the examination 2007 and to declare the result in time.
(3.) MR. Khare submits that after filing of this petition the State Government had issued an order on 27th August, 2007 permitting the students to appear in the High School and Intermediate Board Examination, 2008. In view of this order the petition became infructuous. However, the learned Single Judge proceeded with the matter on the question how the recognition was granted to various schools. He appointed a committee and under his order dated 8. 10. 2007 obtained the report of that committee with respect to recognition; name of the institution; number of sanctioned sections; number of sanctioned teachers with their name, designation and addresses; the infrastructure available with the school including building, play ground, library, laboratory; number of sanctioned staff etc. The Court directed the matter to be listed on 6. 11. 2007 and the report covering at least 50 institutions was to be submitted on or that date. The principal grounds raised in this appeal are two. One, the petition has become infructuous. This is ground (b) of the memo of appeal. Ground (d) of the appeal is that the learned single Judge retained the matter though the roster had changed and the matter cannot be treated as part-heard or tied up.;