Rajeshwari Jitendra Shelke Through Guardian Jitendra Bhaujangrao Shelke v. The State Of Maharashtra And Others

wp11391.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 11391 OF 2015 Ku. Rajeshwari d/o Jitendra Shelke .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. A.B. Kale, advocate for petitioner.

Mr. S.K. Kadam, AGP for the State.

Mr. S.S. Jadhavar, advocate for respondent no. 3. Mr. A.V. Hon, advocate for respondent no. 4.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 21st MARCH, 2016.

PER COURT :

1.

Petitioner is praying for quashment of communication dated 02.07.2015 issued by respondent no. 2 to respondent no. 4 - institution prescribing punishment of cancellation of performance of petitioner for Summer 2015 examination. The order has been issued on account of alleged mis-conduct of petitioner-student at Summer 2015 examination. It is alleged that the petitioner has torn page of the answer sheet which is prescribed as mal-practice within the framework of regulations. Petitioner does not dispute the alleged act of mis-conduct. Punishment prescribed by respondent does appear to be in consonance with the regulations. There is no power vested in the authorities to prescribe any lesser punishment than that has been prescribed under the relevant regulations. In this view of the

wp11391.15.doc matter, no interference need be caused in the petition. Petition is devoid of substance hence stands rejected.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb