Bombay High Court
Nikita Sahadev Wable vs The State Of Maharashtra And ... on 28 July, 2017
Bench: R.M. Borde
1 WP9239.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
WRIT PETITION NO. 9239 OF 2017
Miss. Nikita D/o Sahadev Wable,
Age : 19 years, Occu. Student,
R/o. Jakhangaon, Post. Hingangaon,
Taluka : Ahmednagar,
Dist.Ahmednagar. Petitioners...
Versus
1. The State of Maharashtra,
Through Secretary,
Secretary and Higher Secondary Education,
School Education Department,
Mantralaya, Mumbai-32.
2. Maharashtra State Board of Secondary
and Higher Secondary Education,
Pune Divisional Board,
ThroughDivisional Secretary, Pune Division,
Pune.
3. The Principal,
Maharashtra Arts, Commerce & Science Jr. College,
Savedi, Ahmednagar, Dist. Ahmednagar.
4. The Chairman/Director,
Commissionerate Common Entrance Test Cell,
Directorate of Medical Education & Research,
Govt. Dental College & Hospital Building,
Nr. V. T., Mumbai-400001. Respondents...
..........
Mr Vijay R. Autade, Advocate for the petitioner
Mr M. B. Bharaswadkar, AGP for respondent/State
Ms Surekha Mahajan, Advocatefor respondent No. 2
Mr A. A. Shelke, Advocate for respondent No. 3
Mr M. D. Narwadkar, Advocate for respondent No. 4
.............
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2 WP9239.2017
CORAM : R. M. BORDE &
A. M. DHAVALE, JJ.
DATE : 28TH JULY, 2017.
ORAL JUDGMENT ( Per R. M. Borde, J.) :-
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties and taken up for final disposal at admission
stage.
2. The petitioner is praying for issuance of directions to
respondent No. 2 - Maharashtra State Board of Secondary and Higher
Secondary Education, Pune to issue the statement of marks to the
petitioner in respect of the Higher Secondary Certificate examination
held in the month of February/March-2017. The petitioner appeared
for HSC examination during the academic year 2015-16 in the month
of February-2016 with examination Seat Number PO48166 and was
declared to have failed in two subjects i.e. Geography & Biology. In
other subjects, the petitioner has secured requisite number of marks.
Since the petitioner has failed in two subjects, she ought to have
attempted only two papers wherein she has failed. The petitioner,
however, filled in the application form for examination in respect of
all the subjects including the subjects wherein she got requisite
number of marks during February-2016 examination.
3 WP9239.2017
3. Although the petitioner got through the examination &
cleared all the papers, the HSC Board declared her result but refused
to issue mark-sheet presumably on the ground that the petitioner was
not eligible to appear for the examination in respect of the papers
which she had already cleared during the preceding examination.
Though the petitioner was entitled to appear for the examination in
the subjects which she failed to clear during the preceding
examination, she appeared for the examination in all the subjects.
The appearance of the petitioner at examination shall have to be
construed as an attempt to improve the performance for which she
was not eligible since she had failed to clear two subjects during the
preceding examination. The view adopted by the Board does not
appear to be erroneous and the action of the Board though is
supported by the rules, there requires some modification in the
results considering equities in favour of the petitioner.
4. It is appropriate for the Board not to extend the benefit of
improvement of performance in favour of the student i.e. the
petitioner herein in respect of the subjects she had cleared during the
preceding examination and the marks obtained by the petitioner
during the preceding examination i.e. February-2016 in those
4 WP9239.2017
subjects shall have to be computed for the purpose of the declaration
of result of March-2017 examination.
5. The petitioner is not entitled to claim the benefits in respect
of improvement of performance since, under the rules she is not
eligible to appear for examination for purposes of improvement of her
performance as she had failed to clear two subjects during the
preceding examination. However, the marks obtained by the
petitioner in the subjects which she had cleared during the preceding
examination shall have to be computed for the purpose of declaration
of result of February/March-2017 examination.
6. The petitioner has tendered an undertaking accordingly
waiving her rights in respect of the marks she had obtained by way of
improvement of performance in respect of the subjects which she had
already cleared during the preceding examination.
7. In the circumstances, the marks obtained by the petitioner
during the preceding examination i.e. March-2016 examination in the
papers she had cleared i.e. English, Marathi, Physics, Chemistry and
Environment Education shall be computed while declaring the result
of February/March-2017 examination conducted by the Board. The
5 WP9239.2017
marks obtained by the petitioner in two subjects i.e. Geography and
Biology, wherein the petitioner has secured 80 and 88 marks
respectively, shall be computed while declaring the result of HSC
examination - 2017, and it is accordingly ordered. The Board shall
declare the result of petitioner forthwith and issue the mark-sheet.
8. Since the date for presentation of the application forms of
next examination was prescribed earlier and the instant petition
remained pending, the petitioner has appeared for examination of
two subjects i.e. Geography and Biology during July-August/2017
examination. The petitioner has given an undertaking that she
relinquishes her entitlement in respect of the said examination and
HSC Board need not declare the result of the petitioner for July-
August-2017 examination and the performance of the petitioner for
the aforesaid examination shall be treated as cancelled. The
undertaking is taken on record and marked as "X" for the purpose of
identification.
9. Rule is accordingly made absolute. No costs.
[ A. M. DHAVALE ] [ R. M. BORDE ]
JUDGE JUDGE
sgp
