RAHUL SAKHARAM NAIK Vs. DIVISIONAL SECRETARY MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) RULE. Mr. P. P. Chavan learned Advocate appears and waives service of notice of rule on behalf of respondent No. 1. Mr. M. P. Rao learned Advocate, appears and waives service of notice of rule on behalf of respondent No. 2. In the facts and circumstances, the matter is taken for final hearing.

(2.) THIS petition is filed by the petitioners for an appropriate writ, direction or order quashing and setting aside decision of respondent No. 1 Divisional Secretary, Maharashtra State Board of Secondary and Higher Secondary Education, Mumbai Divisional Board, Mumbai and directing him to declare the result of the petitioners who had appeared in the Higher Secondary Certificate Examination held in March, 2003.

(3.) THE case of the petitioners is that they completed their Secondary School Certificate Examination (Xth Standard) in 2001 and they secured admission in XIth Standard. Sometime, in July, 2001, the first term of the standard XIth i. e. First Year Junior College started. The petitioners attended classes and also completed practicals. The then Principal, M. V. and L. U. College of Arts, Science and Commerce, however, illegally published a list of ninety students who alleged to have had shortfall in attendance. Hence, they could not appear at the examination. It was, however, stated that out of them, fifty five students were thereafter allowed to appear in the examination but remaining thirty five students were declared "defaulters". It was also alleged by the petitioners that several irregularities and illegalities were committed by the then Principal and she was placed under suspension. Inquiry was instituted against her. In or about March, 2002, the college authorities found that there was no fault of the students who were not allowed to appear in the examinations of XIth standard and hence, re-examination was held. In the said re-examination, the petitioners also appeared along with other students and were declared successful. The petitioners, accordingly, proceeded with further education in XIIth standard. They appeared in XIIth standard examination held in March, 2003. Since their results were not declared, they have approached this Court.