Nikhil Rajabhau Shete vs Maharashtra State Board Of ...
2017 Latest Caselaw 5590 Bom

                                                               W.P.No.8490/2017
                                       1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

                         WRIT PETITION NO. 8490 OF 2017

Nikhil s/o Rajabhau Shete,
Age 18 years, Occu. Student,
R/o N-11, A-136/2, Sudarshan Nagar,
HUDCO, Aurangabad                                     .. Petitioner

        Versus

1.      Maharashtra State Board of
        Secondary and Higher Secondary
        Education, Station road, Osmanpura,
        Aurangabad, through its
        Divisional Secretary,
        Divisional Board, Aurangabad

2.      The State of Maharashtra,
        through Secretary -
        School Education Department,
        Mantralaya, Mumbai 32

3.      Principal,
        Vidhyadham Science Jr.College,
        Saraswati Bhuwan colony,
        Aurangpura, Aurangabad

4.      Organizing Chairman,
        JEE (Advanced) 2017,
        Indian Institution of Technology
        Madras, Chennai 600 036

5.      Central Seat Allocation Board,
        Malaviya National Institute of
        Technology, Jaipur, J.L.N. Marg,
        Jaipur 302 017

6.      Joint Seat Allocation Authority
        2017, Reporting Center,
        College of Engineering, Pune
        Wellesely road, Shivaji Nagar,
        Pune 411 005

7.      Joint Admission Counseling
        Authority 2017,
        Delhi Technical University,
        Main Bawana road,
        Shahabad Daulatpur,
        New Delhi 110 042

8.      Joint Admission Counseling
        Authority 2017,
        Netaji Subhash Institute
        of Technology, Sector-3,
        Dwarka, New Delhi 110 078
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                                                                   W.P.No.8490/2017
                                       2

9.      Union of India,
        Ministry of Human Resource
        Development                                      ..Respondents

Mr R.A. Shedge, Advocate for petitioner Ms Surekha Mahajan Advocate for respondent no.1 Mr A.V. Deshmukh, A.G.P. for respondent No.2 Mr A.N. Kakade, Advocate for respondent no.3 Mr S.B. Deshpande, Advocate for respondents no.4 to 9

CORAM : R.M. BORDE AND A.M. DHAVALE, JJ

DATE : 4th August 2017

ORAL JUDGMENT (PER R.M. Borde, J.)

1. Rule. Rule returnable forthwith. With the consent of parties,

the petition is taken up for final disposal at admission stage.

2. The petitioner is praying for issuance of directions to the

respondent no.1 to issue hard copy of H.S.C. Examination mark sheet

of February-March 2016-17 examination. The petitioner is a student

of Science stream and took admission in the academic year 2014-15

at Vasantrao Naik Junior College at Aurangabad. The petitioner

underwent training at the aforesaid college as a regular student and

appeared for H.S.C. examination conducted by respondent no.1. The

petitioner secured 68% at the H.S.C. examination conducted in 2015-

16. The marks obtained by the petitioner were not sufficient for

securing admission to technical course, as such petitioner was

desirous to take the benefit of the Class Improvement Scheme

declared by the respondent no.1. The petitioner, as such, tendered an

application for examination with the respondent no.1-Board for the

purpose of appearing for final examination conducted by the Board in

the month of February 2017. After tendering the application to the

Board, the petitioner was allotted seat No.R003677. The petitioner

W.P.No.8490/2017

secured 545 marks out of 650 marks at examination conducted by

respondent no.1-Board. The result of the petitioner was declared and

the mark sheet was also made available to the petitioner on line.

However, the respondent no.1 refused to issue the hard copy of the

mark sheet. The petitioner in the meanwhile, appeared for

competitive examination with a view to take admission to I.I.T. He

was declared successful and is required to complete formalities for

securing admission to Vishwakarma Institute of Technology, Nagpur.

The petitioner is allotted seat from amongst Other Backward Class

category. The cut off marks prescribed for the aforesaid category at

Joint Entrance Examination (Main) is 49 whereas the petitioner has

secured 132 marks. The petitioner is thus eligible to secure admission

and for finalisation of the admission process, the petitioner needs hard

copy of the mark sheet of H.S.C. Examination.

3. The respondent no.1 has refused to issue the hard copy of mark

sheet pointing out a condition incorporated in the scheme permitting

the students to improve their performance. One of the conditions

prescribed by the Board mandates the student to appear for the

examination from the same college from which he appeared for the

examination on earlier occasion. The petitioner in the instant matter

has opted to fill in the form from one Vidyadham Mahavidyalaya,

Aurangabad. The petitioner contends that since Vasantrao Naik Junior

College refused to extend co-operation and admit him, he had to

approach another college. Although, the class improvement scheme

declared by the respondent no.1 refers a condition that the student

shall have to appear from the same college, however, while

scrutinising the application tendered by the petitioner or while

permitting the petitioner to appear for the examination, there was

W.P.No.8490/2017

absolutely no bar created either by respondent no.1 or the concerned

college. The petitioner was permitted to appear for examination after

allotting the seat number. The petitioner, after having successfully

improved his performance, after having been permitted to appear for

examination, it would be inappropriate for the respondent no.1 to

deny to issue hard copy of the mark sheet pointing out the condition

recorded in the Class Improvement Scheme. In fact, respondent no.1

ought not to have permitted the petitioner to appear for examination,

from another college. It also required to be taken note of that the

petitioner has cleared the entrance examination for securing

admission to Vishwakarma Institute of Technology, Nagpur and has

been selected on his own merit for the degree course. The petitioner

prima facie, appears to be a meritorious candidate and considering

the equitable balance in his favour, we deem it appropriate to

exercise the extra-ordinary jurisdiction under Article 226 of the

Constitution to meet the ends of justice.

4. We direct the respondent no.1 - Board to issue hard copy of

mark sheet of H.S.C. examination held in February-March 2017 to the

petitioner forthwith.

5. Rule is accordingly made absolute. There shall be no order as

to costs.

       ( A.M. DHAVALE, J.)                          ( R.M. BORDE, J.)


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