JUDGMENT

Surendra P. Tavade, J. - Rule. Rule taken up for hearing forthwith by consent of both the parties.

2. The Petitioner challenges the cancellation of her result of class 12th (Science) examination held in the month of February 2020 by Respondent No. 2- Board.

3. In the month of March 2018, the Petitioner appeared for her class 12th (Science) examination, for the first time; she did not score requisite marks for pursuing Medical Education Course. The Maharashtra Secondary and Higher Secondary Education Boards Regulation, 1977, permits students to attempt improvement of marks secured at previous examination by making two further attempts. The Petitioner appeared for class improvement in 12th examination held in February 2019 but she did not succeed in securing the necessary marks to pursue the Medical Education Course. It is further contended that the Petitioner appeared for the second time to improve her marks in the 12th examination held in February 2020. This time she secured the necessary marks for pursuing Medical Education Course. The result was declared in the month of July 2020. Respondent No. 2 declared such result and marks obtained by the Petitioner were displayed on internet.

4. It is contended that the Petitioner was admitted to 12th examination held in February 2020. She had been issued a hall ticket and appeared for the same and was declared successful by Respondent No. 2. Respondent No. 2 refused to hand over original/physical marksheet and withheld the result. The Petitioner met officers of Respondent Nos. 1 and 2 on several occasions but nobody gave any response. As the matter was crucial and as the Petitioner's entire education and career was at stake, the Petitioner's father along with the Petitioner has been running from pillar to post to get the physical/original marksheet of the result of the Petitioner declared by Respondent No. 2. The registration for counselling round for securing a seat for medical education at All India Level, had started from 26 October 2020 and the same was in process till 2 November 2020. The physical marksheet of the Petitioner in respect of the results declared by Respondent No. 2 was necessary for registration for the medical course, failing which the Petitioner would have been disqualified. Hence, the Petitioner approached this Court by fling Writ Petition No. 5333 of 2020 seeking reliefs as more particularly prayed therein. The said petition was heard and on the date of hearing of the above writ petition, Respondent No. 2 had circulated a compilation of documents to be relied upon by the Respondent. In the said compilation, Respondent No. 2 had circulated a letter dated 4 September 2020 contending that the Respondent had cancelled the result of the Petitioner. The letter dated 4 September 2020 is a show cause notice issued by Respondent No. 2 to Respondent No. 1 and the same had never been communicated to the Petitioner. Hence, the Petitioner withdrew Writ Petition No. 5333 of 2020 with the leave of the Court to file a fresh petition, impugning the illegal cancellation of her result and/or the examination of the Petitioner for February 2020. The Petitioner thereupon filed the present petition, wherein this Court by an interim order allowed the Petitioner to participate in the counselling round subject to the decision of this petition.

5. It is contended that Respondent Nos. 1 and 2 have thoroughly and miserably failed to perform their respective duties and for the said reason, the Petitioner was being subjected to undue and uncalled for harassment and admonishment. It is submitted that the action by Respondent No. 2 allegedly cancelling result of the Petitioner in respect of examination conducted by it for class 12th is illegal, void, high handed, malicious, and not binding upon the Petitioner.

6. It is contended that Rule 92(6) of the Regulations of the Board states that the examinee can appear for class improvement examination twice as per amended rules, within the next aca