Goa, Daman and Diu Board of Secondary
Education Vs. Kumari Hema Laad & Ors [1984] INSC 144 (16 August 1984)
ERADI, V. BALAKRISHNA (J) ERADI, V.
BALAKRISHNA (J) DESAI, D.A.
CITATION: 1984 AIR 1584 1985 SCR (1) 430 1984
SCC (4) 58 1984 SCALE (2)171
ACT:
Goa, Daman and Diu Secondary and Higher
Secondary Education Rules, 1975-Framed under Goa, Daman and Diu Secondary and
Higher Secondary Education Board Act-Clauses (1) and (2) of rule 37 insofar as
they prohibit inspection and or revaluation of answer books-Validity of-Held
valid.
HEADNOTE:
On being challenged, the Bombay High Court,
following its earlier decision in Paritosh Bhupesh Kumarsheth and other v.
Maharashtra State Board of Secondary and Higher Secondary Education, Pune and
another, AIR 1981 Bombay 895, declared clauses (1) and (2) of Rule 37 of Goa,
Daman and Diu Secondary and Higher Secondary Education Rules, 1975 insofar as
they prohibit inspection and/or revaluation of answer books, as invalid. Hence
these appeals by special leave, Allowing the appeals.
HELD: The decision followed by the Bombay
High Court has been overruled by this Court in Maharashtra State Board of
Secondary and Higher Secondary Education and another v. Paritosh Bhupesh
Kumarsheth and others [1985] 1 S.C.R. 29.
The present case is fully covered by the
dicta laid down in the said ruling. Hence the judgment of the High Court is set
aside and the validity of clauses(1) and (2) of Rule 37 is upheld. [431F-G]
Maharashtra State Board of Secondary and Higher Secondary Education and another
v. Paritosh Bhupesh, Kumarsheth and others, decided by Supreme Court [1985] 1
S.C.R. 29.
CIVIL APPELLATE JURISDICTION: Civil Appeal
Nos. 4152 to 4157 of 1982.
Appeals by Special leave from the Judgment
and Order dated the 2nd November, 1982 of the Bombay High Court, Panaji Bench,
431 (Goa), in Special Civil Application Writ Petitions Nos. 129, 110, 103, 101,
102 and 10 of 1980.
Soli J. Sorabjee, Mrs. A. K. Verma and O. C.
Mathur for the Appellant.
The Judgment of the Court was delivered by BALAKRISHNA
ERADI, J. These appeals by special leave are directed against the Judgment of
the High Court of Bombay (Panaji Bench) dated 2.11.1982 whereby a Division
Bench of the High Court allowed a batch of Writ Petitions filed by some
students who had appeared in the XII standard examination conducted by the Goa,
Daman and Diu Board of Secondary and Higher Secondary Education and declared
the provisions of clauses (1) and (2) of Rule 37 of the rules framed by the
Administrator of Goa, Daman and Diu under Goa, Daman and Diu Secondary and
Higher Secondary Education Board Act as ultra vires and invalid insofar as they
prohibit inspection and/or revaluation of answer books. In reaching the said
conclusion on the validity of the impugned rules the High Court followed its
earlier Judgment in Paritosh Bhupesh Kumarsheth and others v. Maharashtra State
Board of Secondary and Higher Secondary Education, Pune and another- AIR 1981
Bombay 895-wherein Regulation 104 (3) framed by the Maharashtra State Board of
Secondary and Higher Secondary Education which is an identical provision
prohibiting inspection and/or revaluation of answer books was declared illegal
and ultra vires. The correctness of the said Judgment (AIR 1981 Bombay 895)
came in for examination by this Court in Maharashtra State Board of Secondary
and Higher Secondary Education and another v. Paritosh Bhupesh Kumarsheth and
Others. By Judgment dated 17th July 1984, this Court reversed the view taken by
the Bombay High Court and upheld the validity of the impugned clauses (1) and
(3) of Regulation 104. The present case is fully covered by the dicta laid down
in the said ruling. Hence we set aside the Judgment of the High Court and
upheld the validity of clauses (1) and (2) of Rule 37 of the rules framed under
the Goa, Daman and Diu Secondary and Higher Secondary Education Board Act.
These appeals are allowed and the writ petitions filed in the High Court will
stand dismissed. The appellant will get its costs from the respondents.
H.S.K. Appeal allowed.
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