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2021 Supreme(Bom) 910

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Kaustubh – Appellant
Versus
Maharashtra State Board – Respondent


Advocates appeared:
Shri Ranjeet Singh Tomar, Advocate, for the Appellant / Shri Anand Parchure, Advocate, for the Respondent.

JUDGMENT

Sunil B. Shukre, J. - Rule. Rule made returnable forthwith. Heard finally by consent of Shri Tomar, learned counsel for the petitioners and Shri Parchure, learned counsel for the respondent nos.l and 3.

2. The petitioners, who had secured admission to 11th standard in the year 2018-19 were promoted to 12th standard and were permitted to take the final examination of 12th standard for the year 2019-20. When it came to declaration of result of the final 12th standard examination, the respondent nos.1 to 3 found that the initial admission of the petitioners to 11th standard was not in accordance with the eligibility criteria then prescribed by the respondent nos.1 to 3 and therefore, the result was withheld by them.

3. It is the contention of the learned counsel for the petitioners that the criteria of 35 % of passing percentage of marks in 10 th standard examination, as prescribed by the State Board, is applicable to the students of State Board and the criteria of 33 % of passing percentage is applicable to the C.B.S.E. Board candidates. He submits that the petitioners being the C.B.S.E. Board candidates, were eligible for securing admission to science stream of 11th standard.

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