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2022 Supreme(Bom) 505

S.V.GANGAPURWALA, S.G.DIGE
Sumit S/o Arvind Pawar – Appellant
Versus
State of Maharashtra Through the Secretary Department of Higher & Technical Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.B.S. Bhale, Advocate
For the Respondent:Mr.D.R. Kale, Government Pleader, Mr.Kiran Gandhi h/f Mr.R.S. Wani, advocate

JUDGMENT :

S.G. DIGE, J.

Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. By this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks directions against respondents to restore examination of 12th standard in online mode. The petitioner is also challenging the Notification dated 04.02.2022 issued by respondent no.3. In alternative, the petitioner seeks directions to postpone the examination of 12th standard.

3. Respondent No.1 is the State of Maharashtra through the Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai. Respondent No.2 is the Education Minister, Department of Higher & Technical Education, Mantralaya, Mumbai. Respondent No.3 is the Maharashtra State Board of Secondary and Higher Secondary Education, Pune, who has issued the Notification dated 04.02.2022. Respondent No.4 is the Divisional Secretary, Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad.

4. Brief facts of the case are as under :-

The petitioner is a student of 12th standard studying in Art faculty in Devgiri College, Aurangabad in the academic year 2021-22. Due to

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