N.P.SINGH, R.M.SAHAI, S.P.BHARUCHA
State Of Maharashtra – Appellant
Versus
Prabhu – Respondent
Judgment
SAHAI, J.- The main question of law that arises for consideration in this appeal, directed against judgment and order of the Bombay High Court, is if the High Court correctly construed Section 15(2) of the Maharashtra State Board of Secondary and Higher Secondary Education Act, 1965 (hereinafter referred to as the Act). And even if it be so then whether it was an eminently fit and proper case for exercise of discretion under Article 226 of the Constitution of India.
2. In April-May 1984 the examination for first year engineering students was held at Nilanga. The respondent, who was a lecturer in a polytechnic college, was appointed as a supervisor at the examination centre. Later on complaints of mass copying were received. And the University of Marathwada, on recommendation of a Committee of experts, cancelled results of the candidates who appeared from that centre and debarred them, further, from appearing in examination for next two years. It also decided not to entrust any examination duty in future to the respondent. On August 22, 1984 the Director of Technical Education issued a circular debarring many lecturers, including the respondent, from being assigned any exami
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