SUNIL R. DAWALKAR Vs. MAHARASHTRA SECONDARY

JUDGEMENT

(1.) THE Petitioners are parents and guardians of students who have appeared in the S.S.C. Examinations held on and from 16th March 1996 by the Mumbai Divisional Board of Secondary and Higher Secondary Education under the supervision of the Maharashtra State Secondary and Higher Secondary Board (hereinafter referred to as "the SSC Board"). The Petition is filed on behalf of the student community at large and in broader public interest.

(2.) THE matter in issues is leakage of question papers of S.S.C. Examination, which goes to the very root of the examination process. It is contented that it is of utmost social concern and the legitimacy and the sanctity of the examination process itself is in danger. In the process of S.S.C. Examination, the careers of numerous students are at stake. Instead of having a fair and just examination process, the present day process has rendered the examination a mockery because of malpractices prevailing in the examination system. It is submitted that there was large scale leakage of main question papers in the SSC Examinations held in the month of March 1196. It is, therefore, prayed that:

(3.) IT is submitted on behalf of the Petitioners that on coming to know about the said leakage, Respondents Nos.1 and 2 failed to take any decision in the matter. Thereafter the examinations in the papers of Algebra and Geometry were held on 25th and 26th March 1996 respectively. On 26th March 1996 it was found that the question papers in Algebra and Geometry had also been leaked out. On the basis of the said leakage, the Chairman of the Mumbai Divisional Board was suspended. Respondent No.1 Board also ordered re-examination for Science-II, Algebra and Geometry papers to be held respectively on 9th, 10th and 11th April 1996 only in respect of the Mumbai Division on account of leakage of question papers of the said subjects.