Rohit Bharat Nikam v. The State Of Maharashtra Thru Prin. Secretary, Higher And Technical Edu. Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3509 of 2019 Rohit Bharat Nikam ...

Petitioner v/s.

State of Maharashtra & ors.

...

Respondents Mr. J.D.Khairnar for the petitioner.

Ms. P.V. Tatode for respondent no.2.

Mr. V.M.Mali, AGP for respondent no.1.

CORAM : B.R. GAVAI & DAMA SESHADRI NAIDU, JJ 15th APRIL 2019.

P.C.

The petitioner has approached this Court challenging the order of imposing penalty of debarring him from the examination in which he was found to have misconducted himself. He was barred from appearing in the subsequent examination of summer 2019. The perusal of material placed on record would reveal that prior to passing an order, the principles of natural justice have been followed. The statements of concerned persons including the invigilator, the head of the center of the examination, etc., have also been recorded.

2/2 6wp3509.19.doc Though it is the contention of the petitioner that their statements are not correct, it is not permissible for this Court to enter into such disputed questions of fact to find out as to whether the petitioner is speaking the truth or other persons are speaking the truth. 2.

We find no merit in the petition. The Writ petition stands rejected.

(DAMA SESHADRI NAIDU, J) (B.R.GAVAI, J) L.S. Panjwani, P.S.