Appeals by Special leave from the Judgment and Order dated the 2nd November, 1982 of the Bombay High Court, Panaji Bench, Goa , in Special Civil Application Writ Petitions Nos.
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 companyducted 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.
129, 110, 103, 101, 102 and 10 of 1980.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
In reaching the said companyclusion 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 companyrectness 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.
4152 to 4157 of 1982.
