1 wp4212.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.4212/2009 ( Jayeshkumar Kothari ..V/s.. Divisional Secretary, Maharashtra State Secondary and Higher Secondary Education Board, Amravati ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. G.G. Mishra, counsel for petitioner. Mr. S.D. Desai, counsel H/f. Mr. P.B. Patil, counsel for respondent. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 19 th NOVEMBER , 2009 . Heard Mr. Mishra, counsel for petitioner and Mr. S.D. Desai, counsel H/f. Mr. P.B. Patil, counsel for respondent. Learned counsel for petitioner states that Clause 13 of the Schedule of Punishments of Part II is irrational and has no nexus with the object to be achieved by the said punishment clause. It is contended that the material which is nothing to do with the question paper if found with the candidate cannot be the basis to hold that the candidate has indulged in malpractice and therefore, clause is irrational, unjust and liable to be struck of. We do not agree with the contentions canvassed by 2 wp4212.09.odt learned counsel for petitioner. When the candidate enters the examination hall he is expected not to carry any paper, any material which is relevant or not so far as the paper which he is going to solve in the examination hall. Putting restriction in this regard in our view is just, fair and proper. In our view, if the rule expects the candidate not to carry any material in the examination hall is a restriction which is rational and cannot be termed as irrational because the student who appears in the examination is expected not to carry any material in the examination hall. Considering these aspects as well as other circumstances of the matter, the contentions canvassed by the counsel for petitioner suffers from lack of merits. Hence writ petition is dismissed. JUDGE JUDGE Tambaskar.