Case Note & Summary
The Maharashtra State Secondary and Higher Secondary Education Board filed a review petition against an order dated 21-8-2006 passed by a Division Bench of the Bombay High Court in Writ Petition No. 3928 of 2006. The impugned order directed the Board to show the answer paper and model answers to the student (non-applicant) within one week if the student approached the Board, and further observed that if after verifying the papers the Board felt cause of action survived, liberty was given to approach the appropriate forum. The Board contended that this direction was inconsistent with the law laid down by the Supreme Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth (AIR 1984 SC 1543) and the Full Bench decision of this Court in Tejas Dattaguru Pendurkar v. Maharashtra State Board of Secondary and Higher Secondary Education (2006(2) Mh.L.J. 410), as well as a subsequent decision dated 11.9.2006 in Writ Petition No. 3430/06. The Board argued that the direction to show the answer paper and model answers was contrary to the settled legal position that the Board is not obliged to show answer papers to students. The Court, after hearing both sides, found merit in the review petition. It held that the impugned direction was indeed inconsistent with the binding precedents of the Supreme Court and the Full Bench, and therefore constituted an error apparent on the face of the record. Consequently, the Court allowed the review petition, quashed and set aside the impugned order dated 21-8-2006, and dismissed the writ petition. The rule was made absolute accordingly.
Headnote
A) Review Jurisdiction - Maintainability - Error Apparent on Face of Record - Direction to show answer papers and model answers to student - Held that the impugned order directing the Board to show the answer paper and model answers to the student was inconsistent with the law laid down by the Supreme Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth and the Full Bench decision of this Court in Tejas Dattaguru Pendurkar v. Maharashtra State Board of Secondary and Higher Secondary Education, and therefore constituted an error apparent on the face of the record warranting review (Paras 2-5).
Issue of Consideration
Whether the direction issued by the Division Bench to the Board to show the answer paper and model answers to the student is consistent with the law laid down by the Supreme Court in Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth and the Full Bench decision of this Court in Tejas Dattaguru Pendurkar v. Maharashtra State Board of Secondary and Higher Secondary Education.
Final Decision
The review petition is allowed. The impugned order dated 21-8-2006 passed in Writ Petition No. 3928 of 2006 is quashed and set aside. The writ petition stands dismissed. Rule is made absolute accordingly.
Law Points
- Review petition maintainable
- Direction to show answer papers and model answers inconsistent with law
- Board not obliged to show answer papers
- Right to inspection not absolute
- Precedent of Maharashtra State Board of Secondary and Higher Secondary Education v. Paritosh Bhupesh Kurmarsheth followed
