SECONDARY SCHOOL CERTIFICATE EXAMINATION BOARD MAHARASHTRA STATE AT POONA Vs. PRATIBHA GANPATRAO DESHMUKH

JUDGEMENT

(1.) THIS is an application in revision against an interlocutory order by which the learned Civil Judge, Junior Division, directed that the petitioner-defendant should produce and give inspection to the plaintiff of certain documents.

(2.) THE plaintiff appeared at the Secondary School Certificate Examination held by the petitioner-Board in the month of March 1963. She was trying for the Jagannath Shankar Sheth Sanskrit Scholarship. On 3rd June 1963 the results of the said examination were declared. At the examination the first student got 94, second 93, third 92 and eight students got 90 marks each and she was one of those eight. On 10th July 1963 the plaintiff made an application purporting to be one under regulation 41 (2) for amendment of the result on the ground that she was expecting about 96 or 97 marks and that there must be some error. After some correspondence she filed the present suit for (1) a declaration that the assessment of her answer paper in Sanskrit and award of 90 marks out of 100 to her was malicious, illegal, void and bad in law, and therefore the declaration and Award of Scholarships and prizes for Sanskrit was also illegal, malicious and bad in law, (2) that it be declared that she is entitled to the first Jagannath Shankar Sheth Sanskrit Scholarship and other Scholarships and prizes to which the plaintiff may be found entitled, (3) that in the alternative a direction be issued to the petitioner to get the answer book of the plaintiff and if necessary the answer-books of other candidates who were declared to have secured higher marks be assessed by an impartial and independent examiner according to rules and regulations, instruction and correct answer paper in that behalf and then to declare the plaintiff to be entitled to such Scholarships and/or prizes to which she may be found entitled according to the said assessment, (4) that an injunction be issued restraining the petitioner from distributing and paying the scholarships and prizes for Sanskrit in that examination.

(3.) ALONG with the plaint she filed an application at Exh. 6 by which she requested the Court to direct the petitioner to produce and give inspection to the plaintiff of the following documents: