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1980 Supreme(Guj) 161

G.T.NANAVATI, S.H.SHETH
RAJENDRA R. DAVE – Appellant
Versus
GUJARAT SECONDARY EDUCATION BOARD – Respondent


Advocates Appeared: B.P.TANNA, M.S.SHAH, MAHESH C.BHATT

G. T. NANAVATI, S. H. SHETH, J.

( 1 ) THE petitioner is a minor. He appeared at the Higher Secondary Examination held by the Gujarat Secondary Education Board (hereinafter referred to as the Board for the sake of brevity ). This petition has been filed by him in which he challenges refusal of the Board to reassess his answer books in Mathematics Papers I and II and Biology (Theory ). It is necessary to point out in the beginning that though the petitioner is a minor he has not filed this petition through his next friend but has only shown the name of his father in the petition as C/o. R. H Dave. In our opinion this is not enough. The petitioner ought to have filed this petition through his father showing him as his next friend. Mr. Tanna appearing for the petitioner requests us to permit him to amend the cause title of the petition. We see no reason why his request should be turned down. Accordingly we grant it. It may be stated that the petitioners father has sworn in the petition. The defect which we have pointed out therefore appears to be technical

( 2 ) THE first contention which Mr. Tanna has raised is that the petitioner and his father who is a professor in Mathematics believe








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