PETITIONER:
GOA, DAMAN AND DIU BOARD OF SECONDARY EDUCATION
Vs.
RESPONDENT:
KUMARI HEMA LAAD AND ORS.
DATE OF JUDGMENT16/08/1984
BENCH:
ERADI, V. BALAKRISHNA (J)
BENCH:
ERADI, V. BALAKRISHNA (J)
DESAI, D.A.
CITATION:
1984 AIR 1584 1985 SCR (1) 430
1984 SCC (4) 58 1984 SCALE (2)171
ACT:
Goa, Daman and Diu Secondary and Higher Secondary
Education Rules, 1975-Framed under Goa, Daman and Diu
Secondary and Higher Secondary Education Board Act-Clauses
(1) and (2) of rule 37 insofar as they prohibit inspection
and or revaluation of answer books-Validity of-Held valid.
HEADNOTE:
On being challenged, the Bombay High Court, following
its earlier decision in Paritosh Bhupesh Kumarsheth and
other v. Maharashtra State Board of Secondary and Higher
Secondary Education, Pune and another, AIR 1981 Bombay 895,
declared clauses (1) and (2) of Rule 37 of Goa, Daman and
Diu Secondary and Higher Secondary Education Rules, 1975
insofar as they prohibit inspection and/or revaluation of
answer books, as invalid. Hence these appeals by special
leave,
Allowing the appeals.
^
HELD: The decision followed by the Bombay High Court
has been overruled by this Court in Maharashtra State Board
of Secondary and Higher Secondary Education and another v.
Paritosh Bhupesh Kumarsheth and others [1985] 1 S.C.R. 29.
The present case is fully covered by the dicta laid down in
the said ruling. Hence the judgment of the High Court is set
aside and the validity of clauses(1) and (2) of Rule 37 is
upheld. [431F-G]
Maharashtra State Board of Secondary and Higher
Secondary Education and another v. Paritosh Bhupesh,
Kumarsheth and others, decided by Supreme Court [1985] 1
S.C.R. 29.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4152 to
4157 of 1982.
Appeals by Special leave from the Judgment and Order
dated the 2nd November, 1982 of the Bombay High Court,
Panaji Bench,
431
(Goa), in Special Civil Application Writ Petitions Nos. 129,
110, 103, 101, 102 and 10 of 1980.
Soli J. Sorabjee, Mrs. A. K. Verma and O. C. Mathur for
the Appellant.
The Judgment of the Court was delivered by
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.
432