M C KHANDELWAL Vs. CHAIRMANBOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This is a student's writ petition who has appeared in the Higher Secondary Examination in the year 1982 in Science group. He has been awarded an aggregate of 80% and 86% marks in optional subjects but he expected to secure 95% marks. He, therefore, applied for revaluation of his answer books but the respondents have refused to accept the application on the ground that there was no provision in existence, providing for any revaluation of the answer books.

(2.) Mr. Paras Kuhad learned counsel for the petitioner submitted that even when there was a prohibition on revaluation in the Maharashtra Secondary and Higher Secondary Education Board's Regulations, the same was struck down by the Bombay High Court. Reliance is placed on judgment of Miss Avadhani Meena Ramchandra v. Maharashtra State Board of Secondary and Higher Secondary Education, Pune, AIR 1981 Bom 126.

(3.) On a careful consideration of the above judgment, I find that in the Maharashtra Regulations, there was a provision for inspection and the Court was of the opinion that if as a result of inspection the logical effect is not given by revaluation, then the Regulation (102) (2) becomes nugatory and ineffective. It was observed that right of inspection and disclosure is only the means and not the end and, therefore, revaluation cannot be denied.