Case Note & Summary
The petitioner, Soheb Sageerali Khan, a science student, appeared for the Higher Secondary Certificate (HSC) examination conducted by the Maharashtra State Board of Secondary and Higher Secondary Education (Respondent No.2) in February 2017 and secured 55.37% marks. Since the marks were insufficient to qualify for the National Eligibility Cum Entrance Test (NEET), he availed the benefit of re-examination and secured 65.2% marks in 2018. Thereafter, he prepared for NEET by joining Allen Career Institute in Kota, Rajasthan, and appeared for NEET on multiple occasions, proposing to appear again in 2024. In 2022, the petitioner requested Respondent No.2 to issue his marksheet for the re-examination. Respondent No.2 rejected the request on the ground that the petitioner had failed to collect his marksheet within six months from the date of the result, and therefore his result stood cancelled. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India seeking to set aside the cancellation and direct issuance of the marksheet. The court framed the issue as whether failure to collect a marksheet within six months can result in cancellation of the examination result. The court held that there is no statutory provision or rule empowering the Board to cancel a result for non-collection of marksheet. The Board's action was arbitrary and violative of Article 14. The court allowed the petition, quashed the decision to cancel the result, and directed Respondent No.2 to issue the marksheet within four weeks.
Headnote
A) Constitutional Law - Right to Education - Cancellation of Examination Result - Non-collection of Marksheet - The failure of a student to collect his marksheet within six months from the date of declaration of result cannot result in cancellation of his examination result in the absence of any statutory provision or rule empowering the Board to do so. The Board's action of cancelling the result was arbitrary and violative of Article 14 of the Constitution of India. (Paras 7-9)
B) Education Law - Maharashtra State Board of Secondary and Higher Secondary Education - Marksheet - Issuance - The Board is directed to issue the marksheet of the H.S.C. Examination 2018 to the petitioner within four weeks from the date of the order. (Para 9)
Issue of Consideration
Whether the failure of a student to collect his marksheet within six months from the date of declaration of result can result in cancellation of his examination result.
Final Decision
The court allowed the petition, quashed the decision of Respondent No.2 cancelling the HSC examination result of the petitioner for 2018, and directed Respondent No.2 to issue the marksheet to the petitioner within four weeks from the date of the order.
Law Points
- Right to education
- Cancellation of examination result
- Non-collection of marksheet
- Natural justice
- Article 226 of Constitution of India
Case Details
2024 LawText (BOM) (04) 138
Writ Petition No.926 of 2024
A. S. Chandurkar, Jitendra Jain
Yogesh Joshi, Harshad Joshi, Jaymala Ostwal, Kiran Gandhi
The State of Maharashtra, Maharashtra State Board of Secondary and Higher Secondary Education, Pune, Vivek Vidyalaya & Junior College
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the cancellation of HSC examination result by the Maharashtra State Board of Secondary and Higher Secondary Education.
Remedy Sought
Petitioner sought setting aside of the decision cancelling his HSC examination result of 2018 and direction to Respondent No.2 to issue his marksheet.
Filing Reason
Respondent No.2 cancelled the petitioner's HSC examination result on the ground that he failed to collect his marksheet within six months from the date of declaration of result.
Previous Decisions
Respondent No.2 rejected the petitioner's request for issuance of marksheet in 2022 on the ground of non-collection within six months, leading to cancellation of result.
Issues
Whether the failure of a student to collect his marksheet within six months from the date of declaration of result can result in cancellation of his examination result.
Submissions/Arguments
Petitioner argued that there is no statutory provision or rule empowering the Board to cancel a result for non-collection of marksheet.
Respondent No.2 contended that as per its policy, if a marksheet is not collected within six months, the result stands cancelled.
Ratio Decidendi
The failure of a student to collect his marksheet within six months from the date of declaration of result cannot result in cancellation of his examination result in the absence of any statutory provision or rule empowering the Board to do so. Such action is arbitrary and violative of Article 14 of the Constitution of India.
Judgment Excerpts
The short issue which arises for our consideration is as to whether the failure of a student to collect his marksheet within six months from the date of declaration of result can result in cancellation of his examination result.
In our view, there is no statutory provision or rule which empowers the Board to cancel the result of a student on the ground that he has not collected his marksheet within six months from the date of declaration of result.
The action of the Board in cancelling the result of the petitioner is arbitrary and violative of Article 14 of the Constitution of India.
Procedural History
The petitioner appeared for HSC examination in February 2017 and secured 55.37% marks. He availed re-examination and secured 65.2% marks in 2018. In 2022, he requested Respondent No.2 to issue his marksheet, which was rejected on the ground of non-collection within six months, leading to cancellation of result. The petitioner then filed the present writ petition in 2024.
Acts & Sections
- Constitution of India: Article 14, Article 226
