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Goa, Daman and Diu Board of Secondary Education v. Kumari Hema Laad & Ors.

Goa, Daman and Diu Board of Secondary Education v. Kumari Hema Laad & Ors.

LOK Law Journal

LOK 1984 (8) SC 163

Equivalent citations: 1985 (1) SCR 430 : AIR 1984 SC 1584 : 1984 (4) SCC 58 : 1984 (2) Scale 171 : 1984 UJ 1108

Court
Supreme Court of India
Bench
V. Balakrishna Eradi, J.*; D.A. Desai, J.
Decided on
Case No.
Civil Appeal Nos. 4152 to 4157 of 1982
For petitioner / appellant
Soli J. Sorabjee, Mrs. A. K. Verma and O. C. Mathur, for the Appellant.
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Decisions overruled 1

  1. Paritosh Bhupeshkumar Sheth and Others etc. Vs. The Maharashtra State Board of Secondary and Higher Secondary Education, Pune and Another AIR 1981 Bom 95 : (1981) MhLj 587 Overruled

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 and Diu Board of Secondary and 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 and Diu under Goa, Daman and Diu Secondary and 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 and others v. Maharashtra State Board of Secondary and Higher Secondary Education, Pune and another- AIR 1981 Bombay 895-wherein Regulation 104 (3) framed by the Maharashtra State Board of Secondary and 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 895) came in for examination by this Court in Maharashtra State Board of Secondary and Higher Secondary Education and another v. Paritosh Bhupesh Kumarsheth and Others. By Judgment dated 17th July 1984, 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 upheld the validity of clauses (1) and (2) of Rule 37 of the rules framed under the Goa, Daman and Diu Secondary and 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.

H.S.K. Appeal allowed.

Printed from lawlibrary.online · https://lawlibrary.online/judgment/goa-daman-and-diu-board-of-secondary-education-v-kumar/