LAWS(BOM)-1991-9-71

UMESH VITHALRAO BALPANDE AND ANOTHER Vs. MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION, NAGPUR

Decided On September 26, 1991
Umesh Vithalrao Balpande Appellant
V/S
MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION, NAGPUR Respondents

JUDGEMENT

(1.) RULE returnable forthwith.

(2.) THE petitioners appeared before the Inquiry Officer. Their attention was drawn to (i) several scorings of incorrect answers, their replacement by correct answers in different ink and style of writing and (ii) certain insertions in the available spaces in the answer books of subjects History/Civics. The petitioners made a statement that nothing was written by them subsequent to handing over of the answer books to the invigilator in the examination hall. The Standing Committee came to the conclusion that the petitioners had indulged into mal conduct of interpolation of answer papers with a view to get higher marks with the help of an examiner and consequently it imposed the punishment of cancellation of the March 1991 examination and debarring the petitioners from appearing for the next examination.

(3.) WE will take up last point first. The petitioners received a telegraphic communication dated 9th August 1991 calling upon them to appear before the Inquiry Officer on 19th August 1991 for confidential inquiry. In Writ Petition No. 2029 of 1991 on 19th August 1991 the following order was passed :