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2015 Supreme(Bom) 451

ANOOP V.MOHTA, K.R.SHRIRAM
Bharat Ghanshyam Chhabada – Appellant
Versus
Maharashtra State Board of Technical Education, Mumbai – Respondent


Advocates Appeared:
Mr. Y.P. Narvankar for the Petitioner.
Mr. R.V. Govilkar for Respondent No.1.
Mr. Yashodhan Gavanekar for Respondent No.2.
Mr. V.N. Sagar & Mr. C.P. Yadav AGP for Respondent No.3.

JUDGMENT

ANOOP V. MOHTA, J.

1. Rule made returnable forthwith.

Heard finally by consent of the parties.

2. The Petitioner has challenged order dated 13 January 2015 passed by Respondent No.1 Maharashtra State Board of Technical Education, Mumbai, (for short, “the Board”), whereby, the Petitioner’s Winter 2014 examination was cancelled and further debarred from Summer 2015 Examination, on the ground of alleged malpractice during Winter 2014 examination.

3. Basic order dated 1 January 2015 was not addressed and/or specifically communicated to the Petitioner. It is stated to be communicated to the Institute-Respondent No.2 and also stated to be uploaded on the concerned Board’s Website. The communication dated 13 January 2015, is therefore, without any reason. The reasons, even if any, though are mentioned in order dated 1 January 2015, the Petitioner denied all the allegations by letter dated 15 January 2015. The process for submission of the examination forms started from 16 January 2015 and the last date was 6 February 2015. The Petitioner, therefore, filed this Petition on 27


































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