P.D. KODE, J:

1. Heard.

2. Rule, made returnable forthwith. Mr. Anand Parchure and Mr. J.B. Jaiswal, learned counsel respectively waive service for respondent no. 1 and 3. Considering the main relief prayed, service upon respondent no.2 dispensed with.

3. By the present Petition under Articles 226 and 227 of the Constitution of India, the petitioner-student has prayed for

a) quashing and setting aside order of respondent No.1 Board dated 14th March,2011 cancelling Higher Secondary Certificate Examination (February-March 2008) given by him and so also provisional result of the same declared on 7th July, 2008 and further debarring him for once appearing at said examination.

b) directing respondent No.1 for declaring himself having successfully passed said Examination with 63% marks i.e. as per the provisional declaration made by board on 7th July, 2008.

c) saddling cost of Rs.5 lacs upon respondent No.1 for having acted in defiance of order passed on 22.2.2011 disposing Writ Petition No.2474/2010 earlier preferred by petitioner and having indulged in the acts of trying to destroy his career prospect.

4. Mr. Bhandarkar, learned Counsel for the petitioner, urged that the petitioner is forced to prefer present petition by way of fourth round of litigation due to respondent No.1 vindictively having continued to maintain such erroneous, illegal, arbitrary decisions from time to time arrived by them since 2008 in spite of the petitioner on each of such occasion, having challenged decision then arrived and thereon the same being quashed and set aside by the Court and having remanded matter to the respondent no.1 with appropriate directions.

5. With regard to the events occurred leading to filing of the present Petition, Mr. Bhandarkar urged that:

a) the petitioner a student of Hislop College, Nagpur appeared for 2007-2008 HSC Examination held in March,2008 from Centre No.306 at L.A.D. College with allotted Seat No.N OO8633. The last paper for subject of Psychology out of six papers for different subjects for the said examination was scheduled on 10th March,2008 in between 3:00 p.m. to 6:oo p.m.. During the said paper, room No. 204 in which the petitioner was having seat was visited on two occasions by Flying Squad i.e. firstly at 4.00 noon and secondly at 4.20 noon.

b) according to respondent No.1, while giving said paper the petitioner indulging unfair means , was found carrying nine-chits while solving said Psychology paper. The said nine chits and so also his original answer sheet were seized and he was given fresh answer-sheet at about 4:30 p.m. for solving said paper.

c) The Enquiry Officer thereafter appointed, after duly considering reply given by the petitioner to show cause notice issued in light of the relevant facets of the event, came to the conclusion that the petitioner was not guilty of using unfair means in Examination and exonerated him.

d) however, the Standing Committee of respondent No.1 without taking into consideration such report given by Enquiry Officer, took different view and cancelled examination of the petitioner and debarred him for once appearing for said examination. The petitioner challenged the same by filing Writ Petition No.2346 of 2008. By the provisional result declared as per the interim direction given in the said Petition, the petitioner was declared of having passed said examination with 63% marks. The said petition was, thereafter, disposed of on 14.10.2008 by quashing and setting aside order impugned therein with a direction to respondent no.1 Board for conducting fresh inquiry within four weeks by examining invigilator with liberty to the petitioner to cross-examine her.

e) accordingly respondent No.1 conducted fresh enquiry and during the same on 18.11.2008 statements of four persons were recorded i.e. of

(i) Mr. H.N. Gillurkar (Member of the Flying Squad),

(ii) Mr. R.P. Shelokar (Additional Center in-charge);

(iii) Ms. Apurva Pathak (Invigilator), and

(iv) Ms. Mangla Baitule