JUDGMENT

Bisheshwar Prasad Singh, J.-Special Leave granted.

2. The appellant, the Maharashtra State Board of Secondary Education is a Board constituted under the Maharashtra Secondary and Higher Secondary Boards Act, 1965. In this appeal, the appellant has impugned the judgment and order of the High Court of Judicature at Bombay, (Aurangabad Bench) dated September 3, 2001 in Writ Petition No. 3131 of 2001, whereby the High Court allowed the Writ Petition preferred by respondent No. 1 herein and directed the Board to declare the petitioner as having passed the examination. The High Court took the view that under sub-clause 2(d) under Note 1 of Clause (3)(a) of Regulation 52, the respondent No. 1 was entitled to the grant of 20 grace marks with the result that the marks obtained by him in the subject Mathematics would be 39, he having secured 19 marks in the examination. Consequently, the respondent No. 1 having obtained 39 marks in the subject Mathematics with the addition of grace marks, would be entitled to the further benefit under sub-clause (3) of Note 2 of Clause (3)(a) of Regulation 52, having secured more than 105 marks in the subjects Mathematics and Science taken together an