Dwarka Sunilkumar Bajaj vs The State Of Maharashtra Through ...
2021 Latest Caselaw 12454 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      1005 WRIT PETITION NO. 8928 OF 2021

 Samruddhi Sambhaji Padwal
 U/g. of Sambhaji Vasantrao Padwal
 and others                                                    .. Petitioners

          Versus

 The State of Maharashtra and others                           .. Respondents

 Mr. Pravin B. Rakhunde, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent No. 1.
 Ms. S. P. Mahajan, Advocate for Respondent Nos. 2 and 3.

                      1006 WRIT PETITION NO. 8938 OF 2021

 Prachi Dipak Dongare
 and others                                                    .. Petitioners

          Versus

 The State of Maharashtra and others                           .. Respondents

 Mr. R. D. Biradar, Advocate for the Petitioners.
 Mr. P. K. Lakhotiya, AGP for Respondent No. 1.
 Ms. S. P. Mahajan, Advocate for Respondent Nos. 2 and 3.

                      1009 WRIT PETITION NO. 9309 OF 2021

 Dwarka Sunilkumar Bajaj
 and others                                                    .. Petitioners

          Versus

 The State of Maharashtra and others                           .. Respondents

 Mr. Yuvraj R. Barhate, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 to 3.
 Ms. S. P. Mahajan, Advocate for Respondent Nos. 4, 5 and 6.

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                               CORAM :   S. V. GANGAPURWALA &
                                         R. N. LADDHA, JJ.

DATED : 02nd September, 2021.

PER COURT:-

. The petitioners in all these writ petitions seek directions against

the respondent/Board to declare the result of the 12 th standard

examination on the same lines as regular students by making internal

evaluation as made for regular students on the basis of the Government

Resolution dated 02.07.2021 which was made applicable for the

examination scheduled in May 2021.

2. The learned counsel for the respective petitioners submit that all

these petitioners have passed 12th standard examination conducted in

February 2020. The petitioners are entitled for the benefit of class

improvement. However, the examination for class improvement was

not conducted in the year 2020. The learned counsel further submit

that though students who had failed in the examination held in

February 2020 have been given marks on the basis of internal

assessment as per the Government Resolution dated 02.07.2021. The

petitioners be accorded the same benefit. The petitioners cannot be

treated differently. According to the learned counsel, the NEET

examination is scheduled to be held on 12.09.2021 and CET exam is to

be conducted from 13.09.2021. According to the learned counsel, the

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respondents be directed to give the benefit of the Government

Resolution dated 02.07.2021 to the petitioners.

3. Ms. Mahajan, learned counsel for the Board submits that the

Board would allow the students like the petitioners who had passed

12th standard examination held in February 2020 to appear in the class

improvement examination to be held by the Board in the last week of

September and the same shall be considered as their first attempt. The

learned counsel further submits that the benefit of the Government

Resolution dated 02.07.2021 is accorded to those students who had

failed in February 2020 examination. The petitioners cannot be said to

be similarly placed. The petitioners have passed the examination. The

learned counsel submits that the similar issue has been dealt with by

the Division Bench of this Court at Nagpur in Writ Petition No. 2708 of

2021 under judgment and order dated 01.09.2021.

4. We have considered the submissions canvassed by the learned

counsel for respective parties.

5. The Government Resolution dated 02.07.2021 may not be

applicable to the petitioners. The petitioners have passed the

examination in February 2020 and are eligible for the class

improvement examination. The petitioners are accorded the benefit of

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the said. Their attempt would be considered as a first attempt. The

petitioners cannot claim to be at par with those students who have

been given benefit of the Government Resolution dated 02.07.2021.

The said aspect is also considered by the Division Bench of this Court at

Nagpur in Writ Petition No. 2708 of 2021 (supra).

6. Miss. Mahajan, learned counsel submits that taking into account

the predicament of many students, the Board would endeavour to

declare the result of the examination to be conducted in September

2021 as early as possible.

7. In the light of the above, writ petitions stand disposed of. No

costs.

 ( R. N. LADDHA )                            ( S. V. GANGAPURWALA )
      JUDGE                                            JUDGE




 P.S.B.




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