JUDGMENT :

A.R. Dave, J.

This is a petition filed by students studying in standard XII praying that respondent no.2 - Gujarat Secondary Education Board, be directed to accept the examination forms of the petitioners and permit the petitioners to appear at the examination.

2. Notice was issued by this Court on 15th March, 2002. In pursuance of the notice issued by this Court, learned advocate Shri Deepak Dave for learned advocate Shri A.D Oza has appeared and has placed on record an affidavit-in reply filed by Shri Balkrishna, Examination Secretary of respondent no. 2 Board. In the affidavit filed on behalf of the Board, it has been stated that respondent no. 3 school is not having any recognition or permission to conduct standard X or XII classes or in other words, it is not having permission to run Secondary or Higher Secondary School. In spite of the said fact, the school has given admission to the petitioner students. It has also been submitted that in the past, when recognition of the school had been cancelled, the order whereby the recognition was cancelled was challenged by New Education Foundation, the trust which runs respondent No.3 school, and not only this Court, but even t