Yogesh Balasaheb Aarote v. The Maharashtra State Board Of Secondary And Higher Secondary Through Its Divisional Secretary

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2093 OF 2017 Ku.Yogesh s/o Balasaheb Aarote Petitioner V E R S U S The Maharashtra State Board of Secondary and Higher Secondary, Pune Divisional Board, Pune, through its Divisional Secretary Respondent Mr. S.K. Shinde, Advocate for the petitioner Mrs. Surekha Mahajan, Advocate for the respondent CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 24th MARCH, 2017 PER COURT :

1.

Mr. Shinde, learned counsel for the petitioner submits that the punishment imposed on the petitioner is too harsh and disproportionate. The petitioner is a minor, therefore, he did not realize the consequences of her conduct. In over enthusiasm, he appeared for the examination. In view of this, the Court may take sympathetic view.

2.

Learned counsel for the respondent submits that the petitioner was student of 11th standard and

2 WP 2093/17 appeared for the another student for 12th standard examination.

3.

Rule 31 (2) of the Maharashtra Prevention of Malpractices at University, Board and other specified Examinations Act, 1982 is applicable in the present matter. Perusal of the said provision it is manifest that the fixed punishment is provided for such acts. 4.

The act of the petitioner certainly has to be deprecated. If we interfere in the matter, it would encourage such acts. As such, no case is made out for interference of this Court under Writ jurisdiction. 5.

The Writ Petition as such is disposed of. No costs.

(SANGITRAO S. PATIL, J.) (S.V. GANGAPURWALA, J.) SRM/24/3/17

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