Per H.W. DHABE, J.:--Both these writ petitions can be disposed of by this common Judgment since they involve a common question of law.

2. Turning first to the facts in Writ Petition No. 1614 of 1992, the petitioner therein appeared for the XIIth Standard Examination in March, 1991. However, according to him, since he was not expecting to secure good percentage of marks in Biology subject, he did not appear and thus failed in that subject. The petitioner thereafter appeared for the XIIth Standard Examination held in March, 1992 in the subjects of English, Physics, Chemistry and Biology because, according to Regulation 101 of the Maharashtra Secondary Higher Secondary Education Boards Regulations, 1977, he was entitled to claim exemptions in certain subjects in which he had secured not less than 35 per cent of the maximum marks assigned to that subject. He was then declared to have passed in the said subjects in the said Examination. According to the petitioner, he obtained 71 per cent marks in English and 262 marks in Science subjects i.e. Physics, Chemistry and Biology.

3. It is the case of the petitioner that he had planned the above strategy of appearing in the XIIth Standard Exa

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