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2021 Supreme(Bom) 1309

S.J.KATHAWALLA, MILIND N.JADHAV
Snehal Bhushan Deshmukh – Appellant
Versus
Maharashtra State Board Of Secondary And Higher Secondary Education – Respondent


Advocates appeared:
Anilkumar K. Patil, Advocate, Sonal D. Rajput, Advocate, Kiran Gandhi, Advocate, S.B. Deshmukh, Advocate, S.S Panchpor, Advocate

JUDGMENT

1. By the above Writ Petition, the Petitioner is seeking the following relief:

"B. That this Hon'ble Court by appropriate Writ / Order / direction, may be pleased to direct the Respondent No. 2 Divisional Board to issue corrected mark sheet to the Petitioner and consequently communication of the Respondent No. 1 Board dated 21.09.2021 - Exh. G may be quashed and set aside."

2. It will be apposite to briefly state the relevant facts:-

2.1 The Petitioner is a minor below 18 years of age and recently appeared for her HSC Board Examination (Standard XIIth) from Respondent No.2 Nashik Divisional Board (hereinafter referred to as "the Board"). The Petition is filed through her father / natural guardian. Respondent No. 3 is the Brahma Valley Public School and Jr. College where the Petitioner had secured Admission for Standard XIIth. The result of the Petitioner for HSC was declared on 3rd August, 2021. The Statement of Marks shows that the Petitioner has scored 84 marks out of 100 in Biology.

2.2. It is the case of the Petitioner that she has never selected nor opted for "Biology" as one of her subjects in Standard XII. According to the Petitioner, she has opted for Mathematics as a s

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