{1} wp1062310.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10623 OF 2010 Sonika Madhavrao Udgirkar, age: 18 years, Occ: Education, R/o Sant Kabir Nagar, Udgir, Tq.Udgir, District Latur. Petitioner Versus 1 Maharashtra State Board of Secondary & Higher Secondary Education, Shivaji Nagar, Pune 414 004, through its Chairman. 2 Maharashtra State Board of Secondary & Higher Secondary Education, Latur Division, Latur, through its Divisional Chairman. 3 Maharashtra Udaygiri Mahavidyalaya, Udgir, Tq. Udgir, District Latur, through its Principal. Respondents Mr.P.V.Barde, advocate for the petitioner Mr.V.R.Sonvalkar, advocate for respondents no.1 & 2. Mr.V.G.Sakolkar, advocate for Respondent No.3. CORAM : B.R.GAVAI AND R.M.BORDE, JJ. DATE : 16 th December, 2010 {2} wp1062310.odt ORAL JUDGMENT (Per R.M.Borde, J.): 1 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The petitioner is seeking a direction to Respondents No.1 and 2 to accept and process the examination form of the petitioner and allow her to appear in H.S.C. examination from Science stream, scheduled to be held in February 2011. 3 The petitioner passed S.S.C. examination in March 2009 and secured admission to 11th standard from Science stream in Loneshwar Junior College, Loni. In April 2010, the petitioner has passed 11th standard with 60% marks and thereafter admitted to 12th standard in Science stream. The petitioner presented examination form on 04.10.2010 for the purpose of appearing for H.S.C. examination to be held in February, 2011. However, Respondent No.3 – Board has refused to accept the examination form tendered by the petitioner on the ground that petitioner had secured less than 40 marks in Science subject at S.S.C. Examination. 4 The petitioner contends that on the basis of marks secured at S.S.C. examination, she was granted admission by the Junior College to 11th standard from Science stream and she has passed 11th standard with 60.44% marks. Petitioner was thereafter {3} wp1062310.odt permitted to prosecute her studies for 12th standard examination from Science stream. It is contended that after completion of two years in science faculty, it is inequitable on the part of Respondent- board to refuse to accord permission to the petitioner to appear for H.S.C. examination. 5 Learned Counsel appearing for Respondent-board has resisted the petition contending that Regulation No.79(16) provides that unless a candidate secures more than 40% marks in Science subject at S.S.C. examination, a student is not eligible to secure admission to 11th standard in science stream. Relying upon the regulations framed by the board, it is contended that Respondent- board is justified in refusing to accept the examination form of the petitioner. 6 It is to be noted that although the petitioner has secured 37 marks in science subject at S.S.C. examination, she was admitted to 11th standard from science stream and petitioner has secured more than 60% marks in 11th standard. The petitioner has already completed two years of studies in science faculty. It is not the case of any of the respondents that the petitioner is guilty of suppression of material facts nor has secured the admission to science stream by misrepresenting the college authorities. On equitable considerations also, the petitioner is entitled to be granted permission to appear for H.S.C. examination from science {4} wp1062310.odt stream. 7 Apart from this, the petitioner has presented an undertaking to this Court assuring that after completion of 12th standard examination in science stream, she would not pursue further studies in science stream and would secure admission to any other stream of studies. The undertaking is taken on record and marked “X” for identification. 8 Considering the peculiar fact that the petitioner has prosecuted her studies of 11th and 12th standard in science stream as well as considering the undertaking given to this Court, it would be in the interest of justice to direct the Respondent-board to accord permission to the petitioner to appear for H.S.C. examination from science stream. Respondents No.1 & 2 are directed to accept and process the examination form of the petitioner and allow her to appear in H.S.C. examination from Science stream scheduled to be held in February 2011. 9 Rule is accordingly made absolute. In the facts and circumstances of this case, there shall be no order as to costs. R.M.BORDE B.R.GAVAI JUDGE JUDGE adb/wp1062310