JUDGMENT

K. RAMASWAMY J. - We heave heard the learned counsel on the either side and grant special leave to appeal in all the cases.

2. The quest for just result to save the precious academic years to the students while maintaining unsullied the examination process is the core problem which the facts have presented for solution.

3. The appeals arise from the common judgment of a Division Bench of the Bombay High Court in Writ petition No. 2646 of 1990 and batch. The appellant for short the Board conducted secondary examinations in the month of March 1990, whereat the marks award, after the formalities of valuation by the examiners of the answer sheets in each subject; the random counter-check by the moderators and further recounting at the Board, moderators mark sheets sent to Pune for feeding the computer to declare the results were found tempered with. Thereon, admittedly, it was found that moderators mark sheets relating to 283 examinees which include 53 respondents in these appeals were tampered, in many a case in more than 2 to 8 subjects, and in few cases in one subject. As a result, 214 examinees who were otherwise to fail would pass and the remaining 69 examinees have impro