Mughal Ali Ahmed Imtiaz Through Mr. Imtiaz Ahemad Mughal (Father) v. The State Of Maharashtra Through Prin. Secretary, Dept. Of School Edu. And Sports And ORS

NITIN DINKAR JAGTAP PA-Nitin Jagtap 1 / 2 1-WP-6881-2021-UR.doc NITIN DINKAR JAGTAP Date: 2021.10.20 20:54:18 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6881 OF 2021 Mughal Ali Ahmad Imtiyaz Through Mr.Imtiaz Ahemad Mughal (Father) ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr.N.V.Bhutekar for the Petitioner.

Mr.Anuj Jaiswal i/b. Little and Company for Respondent No. 2. Mr.Javeed Hussein a/w. Mr. Mubashir Hussein, Mr.Saikb Gufran i/b. Hussein & Company for Respondent No. 3.

Ms.M.P.Thakur, AGP for the State.

CORAM : S.J. KATHAWALLA, & MILIND N. JADHAV, JJ.

DATE : 20TH OCTOBER, 2021 P.C. :

1.

The learned Advocate appearing for Respondent No. 2 - Maharashtra State Board of Secondary and Higher Secondary Education, Mumbai Divisional Board (Board) has tendered the Minutes of Meeting held on 19th October, 2021 at 12.30 p.m.. The Minutes are signed by the Divisional Chairman and the Divisional Secretary of the Board.

2.

From the said Minutes, it is clear that the Board has given 09 grace marks to the Petitioner and has decided to declare the result of Xth Standard of the

PA-Nitin Jagtap 2 / 2 1-WP-6881-2021-UR.doc Petitioner as "pass". We accept the decision taken by the Board and direct the Board to issue a fresh Mark-sheet to the Petitioner not later than 25th October, 2021. 3.

The learned Advocate appearing for the Board has submitted that Respondent No. 3 - Banegar English High School & Hafiza Banegar Junior College of Arts, Science and Commerce (the said School) has acted in a very irresponsible manner not only qua the result of the Petitioner but also with regard to the result of 209 other students. We have not looked into the said allegation. However, the Board will be at liberty to take necessary action against the said School in regard to the above allegation. However, the action taken will be strictly on merits and all contentions of the parties are kept open.

4.

The above Writ Petition is accordingly disposed off. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )