RAMESHWAR VISHNU SURADKAR Vs. DIVISIONAL SECRETARY

JUDGEMENT

(1.) Rule, heard forthwith.

(2.) The petitioner had appeared for the S.S.C. Examination in the year 1997 and secured 54.66% marks. The petitioner was thereafter admitted for 11th and 12th Standard in Mahatma Phule Junior College, Pishor, Tq. Kannad District Aurangabad and he appeared for H.S.C. Examination in the year 2000 and secured 382 out of 600 marks (63.67%). The petitioner decided to take admission for D.Ed. course but due to less percentage, he could not get admission. In the year 2002, the petitioner inquired about procedure for admission to enrol as a private candidate under Regulation 89 and 92 of the Maharashtra Secondary and Higher Secondary Education Board's Regulation 1977 (hereafter referred to as "The Regulations"). He paid the prescribed fees and enrolled himself as a external candidate. Form No. 17, filed by the petitioner came to be accepted. The hall ticket was issued and the petitioner passed that examination the second time and secured 71.33% marks.

(3.) It is the submission of the petitioner that considering rules and regulations, the Board has no right to cancel the results of any candidate after six months of its declaration. The results were declared in the year 2002 and cancellation was only done in the year 2007. The petitioner also contended that he had appeared for external course of H.S.C. examination after due inquiry and he was allowed to do so. The petitioner had not suppressed any material and therefore, the respondents are estopped from contending that the petitioner is not eligible and that they were entitled to cancel the results of the examination.