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1984 DIGILAW 250 (SC)

Goa, Daman And Diu Board Of Secondary Education v. Hema Laad

1984-08-16

D.A.DESAI, V.BALAKRISHNA ERADI

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JUDGMENT BALAKRISHNA ERADI, J. :—These appeals by special leave are directed against the Judgment of the High Court of Bombay (Panaji Bench) dated 2-11-1982 whereby a, Division Bench of the High Court allowed a batch of Writ Petitions filed by some students who had appeared in the XII standard examination conducted by the Goa, Daman & Diu Board of Secondary & Higher Secondary Education and declared the provisions of clauses (1) and (2) of Rule 37 of the Rules framed by the Administrator of Goa, Daman & Diu under Goa, Daman & Diu Secondary & Higher Secondary Education Board Act as ultra vires and invalid insofar as they prohibit inspection and / or revaluation of answer books. In reaching the said conclusion on the validity of the impugned rules the High Court followed its earlier Judgment in Paritosh Bhupesh Kumarsheth V. Maharashtra State Board of Secondary & Higher Secondary Education, Pune, AIR 1981 Bom 95 wherein Regulation 104(3) framed by the Maharashtra State Board of Secondary & Higher Secondary, Education which is an identical provision prohibiting inspection and/or revaluation of answer books was declared illegal and ultra vires. The correctness of the said Judgment (AIR 1981 Bombay 95) came in for examination by this Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kumarsheth. By Judgment dated 17th July, 1984 (Reported in AIR 1984 SC 1543 ), this Court reversed the view taken by the Bombay High Court and upheld the validity of the impugned clauses (1) and (3) of Regulation 104, The present case is fully covered by the dicta laid down in the said ruling. Hence we set aside the Judgment of the High Court and uphold the validity of clauses (1) and (2) of Rule 37 of the Rules framed under the Goa, Daman & Diu Secondary & Higher Secondary Education Board Act. These appeals are allowed and the writ petitions filed in the High Court will stand dismissed. The appellant will get its costs from the respondents. Appeals allowed. For Citation: AIR 1984 SC 1584