BHANGRE PURSHOTAM AND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 35 students of Smt. Chandibai H. Mansukhani College at Ulhasnagar (hereinafter referred to as "Mansukhani College") who have been admitted into the XIth Standard of that college but denied admission to the Government Technical High School at Ulhasnagar for the Workshop Technology Training Facility seek a writ of certiorary to quash the order of the Superintendent, Government Technical High School, Ulhasnagar, 4th respondent herein, dated 17th June, 1982 (Exh. E) and the order dated 22nd July, 1982 (Exhibit J) and to issue a writ of mandamus or any other appropriate direction to admit them to the XIth Standard in the technical subjects on the basis of merit amongst all the students seeking admission in that school. The few facts necessary to appreciate the contentions raised by the parties may be briefly noticed :

(2.) Under the Maharashtra Secondary Education Boards Act, 1965 (Maharashtra Act No. 41 of 1965) (hereinafter referred to as "the Act"), the State Board and the Divisional Boards regulate matters pertaining to Secondary Education in the State of Maharashtra. That Act as amended by Act No. 6 of 1977 is known as "The Maharashtra Secondary and Higher Secondary Education Boards Act, 1965". That Act which came into force on and from 15th June, 1977 introduced, what is now commonly known as 10+2+3 pattern of Education, i.e. 10 years of Secondary School Education, 2 years of Higher Secondary Education or Junior College Education and 3 years of University Education.

(3.) As envisaged by the Act, a Statutory State Board and a Statutory Division Board for each of the three Divisions (1) Poona Division, (2) Aurangabad Division and (3) Nagpur Division have been termed. The State Board is empowered to make regulations to carry out the purposes of the Act. The Maharashtra Secondary and Higher Secondary Education Boards Regulation, 1977 framed thereunder which came into force on and from 15th June, 1977 governs admissions to the Junior College. As per Regulation 72, Candidates of recognised Junior Colleges are eligible for admission to Higher Secondary School Certificate Examination to be held by the Board.