1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6204 OF 2009 1. Mujhid Khadarsab Shaikh, PETITIONERS Age 17 years, Occ. Student, Through his natural guardian, Khadar Khajamiya Shaikh, Age 47 years, Occ. Service, R/o At post Walmiknagar, Mukhed, Tq Mukhed, District Nanded 431 715 2 Arunkumar Jagnath Rathod, Age 17 years, Occ. Student, Through his natural guardian, Jagnath Nandu Rathod, Age 39 years, Occ. Service, R/o Shivaji Nagar, Mukhed, Tq. Mukhed, District Nanded. 3 Ravikant Maruti Faskulwad, Age 17 years, Occ. Student, Through his natural guardian, Maruti Chandoba Faskulwad, Age 40 years, Occ. Business, R/o at post Main Road, Mukhed, Tq. Mukhed, District Nanded. 4 Dinesh Balajirao Palekar, Age 17 years, Occ. Student, Through his natural guardian, Balajirao Pirajirao Palekar, Age 52 years, Occ. Service, R/o Hibbat Road, Mukhed, Tq. Mukhed, District Nanded. 5 Shankar Govind Warkad, Age 17 years, Occ. Student, Through his natural guardian, Govind Nivrutti Warkad, Age 40 years, Occ. Service, R/o Hibbat Road, Mukhed, Tq. Mukhed, District Nanded. 6 Pravin Digambar Naik, Age 17 years, Occ. Student, Through his natural guardian, Digamber Ganpatrao Naik, Age 41 years, Occ. Service, R/o 2 Shivaji Nagar, Mukhed, Tq. Mukhed, District Nanded. 7 Shivkanta Ramdas Faskulwad. Age 17 years, Occ. Student, Through her natural guardian, Ramdas Chandoba Faskulwad, Age 38 years, Occ. Business, R/o at Post Telepeth Galli, Mukhed, Tq. Mukhed, District Nanded. 8 Madhav Laxman Pawar, Age 17 years, Occ. Student, Through his natural guardian, Laxman Somla Pawar, Age 51 years, Occ. Service, R/o at post Mukhed, Tq. Mukhed, District Nanded. 9 Arjun Pralhad Pawar, Age 17 years, Occ. Student, Through his natural guardian, Pralhad Nandu Pawar, Age 47 years, Occ. Farmer, R/o at post Mukhed, Tq. Mukhed, District Nanded. 10 Sumit Ashok Singatwad, Age 17 years, Occ. Student, Through his natural guardian, Ashok Ramrao Singatwad, Age 48 years, Occ. Service, R/o at post Baraw galli, Mukhed, Tq Mukhed, District Nanded. 11 Sangita Sidram Argile, Age 17 years, Occ. Student, Through her natural guardian, Sidram Sambhaji Argile, Age 42 years, Occ. Service, R/o At Post Belli (Kd), Tq. Mukhed, District Nanded. 12 Wanita Baliram Darsewad, Age 17 years, Occ. Student, Through her natural guardian, Baliram Bapurao Darsewad, Age 45 years, Occ. Farmer, R/o Post Tardada, Tq. Mukhed, District Nanded. 13 Praveen Bhimrao Pawar, Age 17 years, Occ. Student, Through his natural guardian, Bhimrao Kaniram 3 Pawar, Age 52 years, Occ. Service, At Post Rao Dhanora Tq. Umri, Dist. Nanded. 14 Rahul Prakash Rathod, Age 17 years, Occ. Student, Through his natural guardian, Prakash Ramsing Rathod, Age 49 years, Occ. Farmer, At Post Umri Tq. Umri, Dist. Nanded. 15 Sainath Harisingh Chavan, Age 17 years, Occ. Student, Through his natural guardian, Harisingh Bhausingh Chavan, Age 53 years, Occ. Farmer, At Post Umri Tq. Umri, Dist. Nanded. 16 R. Nagraj Bhagwan Rathod, Age 17 years, Occ. Student, Through his natural guardian, Bhagwan Thaura Rathod, Age 51 years, Occ. Farmer, At Post Umri Tq. Umri, Dist. Nanded. 17 Shriniwas Maroti Jadhav, Age 17 years, Occ. Student, Through his natural guardian, Maroti Motiram Jadhav, Age 51 years, Occ. Farmer, At Post Vasant Nagar Tanda, Tq. Umri, Dist. Nanded. 18 Narendrakumar Pandit Jadhav, Age 17 years, Occ. Student, Through his natural guardian, Pandit Motiram Jadhav, Age 48 years, Occ. Farmer, At Post Vasant Nagar Tanda, Tq. Umri, Dist. Nanded. 19 Rajesh Govind Rathod, Age 17 years, Occ. Student, Through his natural guardian, Govind Wasaram Rathod, Age 49 years, Occ. Agriculture, At Post Vasant Nagar Tanda, Tq. Umri, Dist. Nanded. 20 Rahul Laxman Pawar, Age 17 years, Occ. Student, Through his natural guardian, Laxman Chandar Pawar, Age 38 years, Occ. Service, R/o Vasant Nagar, Tq. Umri, Dist. Nanded. 4 21 Avinash Balaji Jubre, Age 17 years, Occ. Student, Through his natural guardian, Balaji Shankarrao Jubre Age 45 years, Occ. Agriculture, At Post Tardarwadi Tq. Mukhed, Dist. Nanded. 22 Govind Balaji Devkatte, Age 17 years, Occ. Student, Through his natural guardian, Balaji Dashrathrao Devkatte, Age 45 years, Occ. Agriculture, At Post Vasant Nagar, Tq. Mukhed, Dist. Nanded. 23 Arun Balaji Pawar, Age 17 years, Occ. Student, Through his natural guardian, Balaji Ramdhan Pawar, Age 40 years, Occ. Service, At Post Vasant Nagar, Tq. Mukhed, Dist. Nanded. 24 Hiralal Shankarrao Chavan, Age 18 years, Occ. Student, Through his natural guardian, Shankar Vinabhau Chavan, Age 47 years, Occ. Agriculture, At Post Vasant Nagar, Kotgayal, Tq. Mukhed, Dist. Nanded. 25 Gajanan Sakharam Rathod, Age 18 years, Occ. Student, Through his natural guardian, Sakharam Devrao Rathod, Age 49 years, Occ. Agriculture, At Post Hiralal Naik Tanda, Tq. Kandhar, Dist. Nanded. 26 Saurav Balajirao Suryawanshi, Age 17 years, Occ. Student, Through his natural guardian, Balajirao Dagdoji Suryawanshi, Age 48 years, Occ. Agriculture, At Post Pandorni, Tq. Mukhed, Dist. Nanded. 27 Manisha Govindrao Pawar, Age 17 years, Occ. Student, Through her natural guardian, Govind Parsuram Pawar, Age 36 years, Occ. Service, At Post Vasant Nagar, Tq. Mukhed, Dist. Nanded. 5 28 Ram Govind Rathod, Age 17 years, Occ. Student, Through his natural guardian, Govind Ramchandra Rathod, Age 56 years, Occ. Service, At Post Gutti, Tq. Jalkot, Dist. Latur. 29. Bhagwan Shivram Jadhav, Age : 17 years, Occ : Student, Through his natural guardian, Shiram Bhagwan Jadhav, Age : 60 years, Occ : Agriculture, At Hunda, Post. Bitnal Tq. Umri, Dist. Latur. 30. Shrikrishna Subashrao Atke, Age : 17 years, Occ : Student, Through his natural guardian, Subashrao Ganpatrao Atke, Age : 47 years, Occ : Service, At post Vidya Nagar, Tq.Mukhed, Dist.Nanded. 31. Avinash Kashinath Rathod Age : 18 years, Occ : Student, Through his natural guardian,Kashinath Bahurao Rathod, Age : 48 years, Occ : Service, At post Shanti Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 32. Ankita Bhimrao Dhanjkar, Age : 17 years, Occ : Student, Through her natural guardian, Bhimrao Ramrao Dhanjakar, Age : 47 years, Occ : Service, At post Mukhed, Tq.Mukhed, Dist.Nanded. 33. Aslesha Bhimrao Dhanjkar, Age : 17 years, Occ : Student, Through her natural guardian, Bhimrao Ramrao Dhanjakar Age : 47 years, Occ : Service, At post Mukhed, Tq.Mukhed, Dist.Nanded. 34. Vinaya Kishanrao More, Age : 17 years, Occ : Student, Through her natural guardian,Kishanrao Sambhajirao More Age : 50 years, Occ : Service, At post Ashok Nagar, Tq.Mukhed, Dist.Nanded. 35. Sandip Balajirao Pophale, Age : 17 years, Occ : Student, Through his natural guardian,Nilawatibai Kishanrao Pophale, Age : 35 years, Occ : Housework, At post Mukhed, Tq.Mukhed, Dist.Nanded. 6 36. Swapnil Vishwanth Rathod , Age : 17 years, Occ : Student, Through his natural guardian, Vishwanath Maroti Rathod , Age : 50 years, Occ : Service, At post Mukhed, Tq.Mukhed, Dist.Nanded. 37. Pratik Tarasingh Jadhav, Age : 17 years, Occ : Student, Through his natural guardian, Tarasingh Devisingh Jadhav, Age : 50 years, Occ : Agriculture, At post Waghala Tanda, Tq.Umri, Dist.Nanded. 38. Gajanan Shashikant Naik, Age : 17 years, Occ : Student, Through his natural guardian, Shashikant Tukaram Naik, Age : 47 years, Occ : Service, At post Mukhed, Tq.Mukhed, Dist.Nanded. 39. Rajhansh Namdeo Dapakekar, Age : 17 years, Occ : Student, Through his natural guardian, Namdeo Sadu Dapakekar, Age : 48 years, Occ : Service, At post Samta Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 40. Venketash Ashok Joshi, Age : 17 years, Occ : Student, Through his natural guardian,Ashok Laxmanrao Joshi, Age : 52 years, Occ : Service, At post Walmi Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 41. Jamir Basir Baig, Age : 17 years, Occ : Student, Through his natural guardian, Basir Kurban Baig, Age : 50 years, Occ : Agriculture, At post Talegaon, Tq.Umri, Dist.Nanded. 42. Deelip Parbhu Rathod, Age : 17 years, Occ : Student, Through his natural guardian, Prabhu Tulshiram Rathod, Age : 52 years, Occ : Agriculture, At post Wartala Tanda, Tq.Mukhed, Dist.Nanded. 43. Rucha Venkatrao Hangarge, Age : 17 years, Occ : Student, Through her natural guardian, Venkatrao Vitthalrao Hangarge , Age : 48 years, Occ : Service, 7 At post Shivaji Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 44. Padamraj Balaji Padalwar, Age : 17 years, Occ : Student, Through his natural guardian, Balaji Ganpatrao Padalwar, Age : 46 years, Occ : Service, At post Shivaji Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 45. Venkatesh Balaji Patil, Age : 17 years, Occ : Student, Through his natural guardian, Balaji Digambar Patil, Age : 48 years, Occ : Service, At post Walmi Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 46. Ashatai Balaji Patil, Age : 17 years, Occ : Student, Through her natural guardian, Balaji Digambar Patil, Age : 48 years, Occ : Service, At post Walmi Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 47. Pandharinath Manohar Aaglawe, Age : 17 years, Occ : Student, Through his natural guardian, Manohar Ghadling Aaglawe, Age : 42 years, Occ : Service, At post Wartala, Tq.Mukhed, Dist.Nanded. 48. Irshead Gauskhan Pathan, Age : 17 years, Occ : Student, Through his natural guardian, Gauskhan Mohidinkhan Pathan, Age : 52 years, Occ : Agriculture, At post Ashok Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 49. Lalita Balaji Rathod , Age : 17 years, Occ : Student, Through her natural guardian, Balaji Nandu Rathod, Age : 38 years, Occ : Agriculture, At post Shivaji Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 50. Vikram Subhashrao Sabhane, Age : 17 years, Occ : Student, Through his natural guardian, Subhasrao Pirajirao Sabhane, Age : 45 years, Occ : Social work, At post Mukhed, Tq.Mukhed, Dist.Nanded. 8 51. Shabbanbeajam Amearoddin, Age : 18 years, Occ : Student, Through her natural guardian, Amearoddin Rafikoddin, Age : 52 years, Occ : Business, At post Nanded, Tq. & Dist.Nanded. 52. Balaji Vinayak Indrale, Age : 17 years, Occ : Student, Through his natural guardian, Vinayak Virbhadra Indrale, Age : 44 years, Occ : Service, At post Om Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 53. Vilas Nivrutti Tarate, Age : 18 years, Occ : Student, Through his natural guardian, Nivrutti Sambhaji Tarate, Age : 48 years, Occ : Service, At post Samta Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 54. Nitin Narayan Jadhav , Age : 17 years, Occ : Student, Through his natural guardian, Narayan Kishan Jadhav, Age : 50 years, Occ : Agriculture, At post Dabdari Pota (B), Tq.Himayat Nagar, Dist.Nanded. 55. Savita Amru Pawar, Age : 17 years, Occ : Student, Through her natural guardian, Amru Baddu Pawar, Age : 50 years, Occ : Agriculture, At post Chenapur, Tq.Aardhapur, Dist.Nanded. 56. Priyanka Prabhuraj Patil, Age : 17 years, Occ : Student, Through her natural guardian, Prabhuraj Shankar Patil, Age : 48 years, Occ : Business, At post Mukhed, Tq.Mukhed, Dist.Nanded. 57. Supriya Namdeo Tekale, Age : 17 years, Occ : Student, Through her natural guardian, Namdeo Punjaji Tekale, Age : 50 years, Occ : Service, At post Ram Nagar, Taroda (B), Tq. & Dist.Nanded. 58. Urmila Bhimrao Sadgir, Age : 18 years, Occ : Student, Through her natural guardian, Bhimrao Laxman Sadgir, Age : 9 38 years, Occ : Agriculture, At post Kamlewadi, Tq.Mukhed, Dist.Nanded. 59. Dipatai Madhavrao Muddewad, Age : 18 years, Occ : Student, Through her natural guardian, Madhavrao Rukmaji Muddewad, Age : 45 years, Occ : Socialwork, At post Walmi Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 60. Madhubala Ganpatrao Muddewad, Age : 18 years, Occ : Student, Through her natural guardian, Ganpatrao Ramji Muddwad, Age : 48 years, Occ : Agriculture, At post Walmi Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 61. Ashatai Pundlik Chopade, Age : 18 years, Occ : Student, Through her natural guardian, Pundlik Ramchandra Chopade, Age : 42 years, Occ : Service, At post Shivaji Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. 62. Vishwanth Narayan Pawar, Age : 18 years, Occ : Student, Through his natural guardian, Narayan Devrao Pawar, Age : 50 years, Occ : Agriculture, At post Shivaji Nagar, Mukhed, Tq.Mukhed, Dist.Nanded. V E R S U S 1. The State of Maharashtra, RESPONDENTS (Through its Secretary, Secondary and Higher Education, Department, Mantralaya, Mumbai) 2. The Secretary, Maharashtra State Board of Secondary and Higher Secondary Education, Bhamburda, Bh. Agarkar Research Institute, Shivaji Nagar, Pune 5. 3. The Divisional Secretary, Maharashtra State Board, Secondary and Higher Secondary Board, Latur Division, Latur. 10 ... Mr. A.S. Bayas, Counsel for petitioners Mr. S.K. Tambe, Assistant Government Pleader for State Mr. V.R. Sonwalkar, Advocate for respondents No.2 & 3 ... CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATE : 14TH DECEMBER, 2009 ORAL JUDGMENT (Per K.U.CHANDIWAL, J.) 1. Heard the learned counsel Mr. Bayas and Mr. Sonwalkar for the parties and the Board. 2. Rule, by consent of parties, returnable forthwith. 3. The present petition is filed by 62 students. They appeared for 12th standard annual Examination held in March, 2009, and the respondents found, during the survey and surprise check, at the time of Examination, there was mass-copying, and consequently the performance of the petitioners for 12th standard was canceled including precluding them of two consecutive Examinations of 12th standard. It was canvassed by Mr. Bayas that petitioners are meritorious. The entire future of students depend upon their performance in 12th standard. 11 Since the 12th standard has its impact on career of the student, the parents are also more keen to look for wellbeing of their child. The petitioners are unfortunate have struck to the incident that has taken place at the Examination centre. 4. Mr. Sonwalkar, learned counsel representing the Board contended that Board has no animus against any of the student. The Board, in terms of Section 19 (1) of the Maharashtra State Secondary and Higher Secondary Education Boards Act, 1965 have powers to deal with cases of use of unfair means, according to the procedure laid down by the State Board. The main function of the Board is to conduct fair impartial examinations of the 10th and 12th standard. He has explained the procedure of conducting the Examination and role of examiners, moderators and chief moderators in the system. 5. It was pointed, while assessing answer-sheets, some of the examiners found irregularity in the answer-sheets assigned to them for assessment i. e. the answers given by the candidates are common / identical. The moderators also on examination found that the answers in those answer-sheets are common. They have also submitted report to the Board. Considering the gravity of the matter, the State had also appointed a high level Committee, and the three member Committee has submitted its report to the Secretary, Education Department, dated 30th July, 2009. The high level Committee has given benefits on minute examinations of the answer-sheets to those candidates, who deserves 12 such benefit. This was based on actual verification of the answer- sheets. 6. We have again verified the answer-sheets and we find that already the answer-sheet of petitioner No. 11 Sangita Sidram Argile bearing answer-sheet No. 41229 is deleted by the State Committee. Action against her is dropped. We find that the answer-sheet of petitioner No.4 bearing answer-sheet No. T009762 and of the students having answer-sheet No. T009610, No.T010587, No. T010753, No.T042276, No.T069786 requires re-consideration by the Board. The Board will appoint another moderator, who will re-examine these answer-sheets and take independent decision on its own merits within 15 days. So far as other answer-sheets are concerned, we do not find any mistake or error in passing the impugned order of canceling their performance. Writ Petition disposed of in above terms. 7. Rule partly made absolute, as above. (K.U. CHANDIWAL J.) (NARESH H. PATIL, J.) srm/wp/6204/09