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1999 Supreme(Guj) 149

C.K.THAKKER, K.G.BALAKRISHNAN
MANSUKHBHAI KANJIBHAI PATEL – Appellant
Versus
GUJARAT SECONDARY EDUCATION BOARD – Respondent


Advocates Appeared: A.D.OZA, J.T.TRIVEDI

K. G. BALAKRISHNAN, C. K. THAKKER, J.

( 1 ) ORIGINALLY, this Special Civil Application was filed by Mansukhbhai Kanjibhai Patel, alleging that 10 students were illegally denied permission to write the S. S. C. examination commencing on 1 5/03/1999. Thereafter, the 10 students were impleaded as petitioners in this proceeding. The allegation in the Special Civil Application is to the effect that these 10 students paid the examination fees in time and submitted the forms to the Headmistress of Shree L. M. Sharda Mandir High School, but by some mistake, the Clerk of the School had not handed over the money and submitted the forms to the 1st respondent-Gujarat Secondary Education Board and the negligence of the Clerk resulted in denial of opportunity to the 10 students in appearing in the SSC examination. According to the petitioners, the students had done whatever they had to do in the matter of writing the examination and the Board was bound to permit these students to write the examination and, therefore, it is prayed that the 1st respondent-Board shall be directed to permit these students to write the examination.

( 2 ) ALONG with the original petition, an affidavit also has been fil







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