AVADHANI MEENA RAMCHANDRA Vs. MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION PUNE

JUDGEMENT

(1.) These writ petitions and others in which my esteemed brother has delivered judgment just now were heard together. I am in agreement with the view that the Maharashtra Secondary and Higher Secondary Education Boards Regulations 1977, (for short "the Regulations") are in the nature of bye-laws and not statutory rates and that they are liable to be struck down as void to the extent they prohibit disclosure and inspection of answer books. I proceed to deal with the remaining topic relating to prohibition on revaluation.

(2.) In my judgment, apart from the fact that the prohibition on revaluation of answers is to a great extent integral part of the prohibition on disclosure or inspection of answer books in the whole scheme of the Regulations, it is also manifestly unjust and illegal and has to be struck down. Indeed logical end of permitting inspection and disclosure of answer books and other documents is to permit revaluation.

(3.) Now it is beyond dispute, that every student has a right to receive fair play in examination and get appropriate marks matching with his performance, though he has no right to particular marks. Truism is that in the present context of fierce competition, unlike in recent past, even a fraction of percentage in marks can make or mar a career. Results of examinations conducted by the respondent Board are thus a turning point in the life of a student, as they are openings to various avenues of further studies and they can entail civil consequences. As Supreme Court has put in the case of Mohinder Singh v. Chief Election Commr. in "In its comprehensive connotation, every thing that affects a citizen in his civil life inflicts a civil consequence."