This PIL was declared infructuous and dismissed as the substantive issue regarding calculator usage for students with learning disability was already adjudicated in PIL No. 165 of 2004 on 9th August, 2006.
The petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PILNO. 75 OF 2005
Dr. Sanjay S. Mhatre, .... Petitioner.
vs.
The State of Maharashtra & Ors. ....
Respondents.
None for the petitioner.
Mr. P.M. Patil, AGP., for Respondent State.
Mr. K.G. Gandhi i/by Little & Co. . for S.S.C. & H.S.C. Boards.
CORAM : J.N. PATEL, &
S.J. KATHAWALLA, JJ.
DATE : 19th NOVEMBER, 2008.
P.C. .
One Dr. Sanjay S. Mhatre had addressed a letter
to the Hon'ble the Chief Justice, Bombay High Court dated 5th October, 2004 expressing the problem faced by students suffering from learning disability appearing in standard XIth and XIIth classes for not being allowed to use calculators during their exams. It appears that this letter was already converted into a Public Interest Litigation No. 165 of 2004 and the same was disposed of by this Court by an order dated 9th August, 2006 allowing the students having learning disability and who appear in Mathematics and/or Book Keeping & Accountancy paper in Standard XII Board Examination to make use of calculators. It appears that inadvertently the said letter was also treated as Public Interest Litigation on the Appellate Side and was numbered as PIL No. 75 of 2005. In view of the fact that this issue is already dealt with by an order of this Court dated 9th August, 2006 in PIL No. 165 of 2004, this PIL has become infructuous and is, therefore, dismissed.
(J.N. PATEL, J.)
(S.J. KATHAWALLA, J.)
Dr. Sanjay S. Mhatre
The State of Maharashtra & Ors.
J.N. PATEL
S.J. KATHAWALLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
