Case Note & Summary
The case involves a reference made by a Division Bench of the Bombay High Court to a larger bench due to disagreement with an earlier Division Bench decision at Aurangabad. The petitioner, a minor through his father, sought revaluation of his answer sheets. The Division Bench at Aurangabad in Akshay Dilip Bhalerao v. The State of Maharashtra had held that courts could order revaluation in exceptional cases despite Regulation 104 of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977, which prohibits revaluation. The Supreme Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth had upheld the validity of Regulation 104. The referring bench doubted the correctness of the Aurangabad view. The Full Bench considered the question and held that after the Supreme Court's decision, it is not open for courts to order revaluation on any ground, including exceptional circumstances. The court reasoned that the Supreme Court had conclusively upheld the regulation, and no exception can be carved out. The Full Bench answered the reference accordingly, holding that the view in Akshay Dilip Bhalerao was not correct.
Headnote
A) Education Law - Revaluation of Answer Sheets - Regulation 104 of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 - Validity Upheld by Supreme Court - The question was whether courts can order revaluation in exceptional cases despite the Supreme Court upholding Regulation 104. The Full Bench held that after the Supreme Court's decision in Paritosh Bhupesh Kurmarsheth, no exception can be made, and courts cannot order revaluation even in exceptional circumstances. (Paras 1-2)
Issue of Consideration
Whether after the validity of Regulation 104 has been upheld by the Apex Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth, is it open for the Court to order revaluation on the ground that there are cases which amount to an exception to the rule, as held by the learned Division Bench at Aurangabad in Akshay Dilip Bhalerao v. The State of Maharashtra?
Final Decision
The Full Bench answered the reference by holding that after the Supreme Court's decision in Paritosh Bhupesh Kurmarsheth, it is not open for courts to order revaluation on any ground, including exceptional circumstances. The view in Akshay Dilip Bhalerao was not correct.
Law Points
- Regulation 104 of the Maharashtra Secondary and Higher Secondary Education Boards Regulations
- 1977
- prohibits revaluation of answer sheets
- Supreme Court upheld its validity
- no exception can be carved out by courts
- revaluation cannot be ordered even in exceptional circumstances.
