LAXMAN SADASHIV MANSAPURE Vs. THE MAHARASHTRA STATE BOARD OF SECONDARY & HIGHER SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is taken up for final disposal at this stage.

(2.) The performance of the petitioner of H.S.C. Examination for March, 1999, is canceled vide the impugned communication dated 9.9.2010. The same is assailed in the present writ petition.

(3.) Mr.Auti, learned counsel for the petitioner submits that the petitioner had appeared for H.S.C. Examination for the first time in March, 1998, and had secured 53.57% marks. To improve his performance, the petitioner again appeared for H.S.C. Examination as an external candidate in March, 1999 and secured 69.67% marks. Pursuant thereto, the petitioner got admission in D.Ed. course. He completed his D.Ed. in 2002 and on 25.6.2003 was appointed as an Assistant Teacher. After 11 years, the performance of the petitioner of H.S.C. Examination for the year March, 1999, was canceled. The same was without notice to the petitioner. According to the learned counsel, the Rules nowhere bar appearance for the second time to improve the performance. The learned counsel submits that in absence of any provision authorizing the respondents to cancel the performance of an examination appeared for the second time, the impugned communication is illegal. The learned counsel relies on the judgment of the Division Bench of this Court in a case of Rameshwar v. Divisional Secretary reported in 2009 (2) Mh.L.J., 363. The learned counsel submits that even subsequently, the respondent - Board has issued a notification thereby permitting the class improvement. The said notification is dated 4/5-6-2008.