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1993 Supreme(Bom) 462

H.H.KANTHARIA, P.S.PATANKAR
Ketan Manohar Kochikar & others – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

PATANKAR P.S., J.:—The factual background is as follows:—

2. The 1st Petitioner was born on 26th September 1977 and has passed VIII Standard Examination in April, 1991. It is alleged that he was compelled to leave the school due to domestic difficulties. On or about 10th July 1992, he approached the Principal of a school and sought to submit his application form (No. 17 — meant for private candidates and students) for appearing for S.S.C. Board Examination to be held in March 1993. However the School informed that he could not register as he has not completed 16 years of age on the date of registration (31st July of each year) and can only appear for Examination to be held in March 1994. This was in view of Regulation 42(1)(d) as was prevailing at that time.

3. The 2nd Petitioner passed his S.S.C. Board Examination in March 1991. It is alleged that due to financial difficulties he could not join the Junior College. On or about 6th July, 1992, he approached one College with application form for H.S.C. Examination to be held in March 1993, as a private candidate. However, the College informed that he cannot submit the form as there would be no gap of 3 years from the date of pa































































































































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