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1984 Supreme(SC) 218

V.BALAKRISHNA ERADI, D.A.DESAI
Goa, Daman And Diu Board Of Secondary Education – Appellant
Versus
Hema Laad – Respondent


Advocates:
A.K.VERMA, O.C.MATHUR, SOLI J.SORABJI

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


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