V.A.MOHTA, H.D.PATEL
Arshdeep d/o Gurudeo Singh Puri – Appellant
Versus
Maharashtra State Board of Secondary and Higher Secondary Education , Nagpur Divisional Board – Respondent
(i) clause 88(1)(a) and (b) of the Maharashtra Secondary and Higher Secondary Eduction Boards Regulations, 1977 (the Regulations) relating to compulsory attendance in the class by a regular student is unconstitutional.
(ii) Having handed over an Admission Card for the examination and allowed her to appear for the practical examination, the respondent No. 1 Board is estopped from prohibiting her participation in the rest of the examination under the undisputed factual background.
2. In our view, contention No. (i) has to be repelled and contention No. (ii) has to be upheld for the reasons that follow.
The petitioner Ku. Arshdeep Puri was prosecuting her studies as a regular student of XII class in St. Joseph's Convent Junior College, Nagpur of which respondent No. 2 is the Principal. XII standard examination is conducted by the Maharashtra State Board of Secondary and Higher Secondary Education, Nagpur Divisional Board, Nagpur constituted under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 (the Act). The petitioner submitted an application form for
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