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2008 Supreme(Bom) 1187

P.B.MAJMUDAR, A.A.SAYED
Manjeri Vijaysinh Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ms. P.V. Thorat with Mr. V.M. Thorat for the petitioner.
Mr. M.D. Naik, AGP, for the State.

ORAL JUDGMENT

(Per P.B. Majmudar, J.):

Rule. Learned Assistant Government Pleader waives service of Rule on behalf of the respondents. With the consent of the learned Advocates, rule is made returnable forthwith.

2. By filing this petition, the petitioner, who is a student, has raised an important issue for consideration of this Court as to whether at the time of taking Common Entrance Test (“CET” for short) examination, any deviation can be made by the respondents in the matter of giving marks contrary to Rules and instructions given in this behalf.

3. The petitioner has cleared her HSC Examination from the Maharashtra State and Higher Secondary Education Board, Pune and secured 62% marks in the subjects of Physics, Chemistry and Biology. The State of Maharashtra, for the purpose of admission for medical and dental courses framed rules and introduced CET. As per the said Rules, the duration of the examination is three hours. The method of answering the questions is also prescribed in the Rules. As per the information brochure, condition 3.3 provides as under:

“The candidate will be required to mark the correct answer by blackening the corresponding circle against the serial number











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