KAVYA D OF O VIDYAKANT AMBESANGE Vs. MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) Heard counsel for petitioner and respondent no.1. Presence of respondent no.2 is not necessary because application form of petitioner having been forwarded by respondent no.2 to respondent no.1, respondent no.2 has left no contesting interest in the matter.

(2.) Petitioner has approached us because of communication dated 23.2.2008 to the Principal of college by respondent no.1. By this communication, it is informed that petitioner has not secured 40% marks in the science subject at the SSC examination (10th Standard), she was not eligible for being admitted to science faculty and, therefore, her admission to science faculty itself is cancelled. Consequently, petitioner s admission to 11th Std. by the school - respondent no.2 stands cancelled. It is informed that she has passed 11th Std. examination and that is why she was due to appear for HSC examination. She had filled in examination form, which was accepted with the fees some time in the month of October, 2007. She appeared for practical examinations and she is to appear for written examinations commencing from tomorrow i.e. 29.2.2008. Although examinations have started today, petitioner has her first paper tomorrow. Respondent no.1, as soon as detected the defect, has stepped in and refused to issue hall ticket for written examinations. It is not in dispute that petitioner appeared for practical examinations.

(3.) Heard respective Advocates. Rule. Rule made returnable forthwith by mutual consent.