Petitioner challenged an impugned order of the State Board of Secondary & Higher Secondary Education. Bench perused the Enquiry Report and seized copying material, finding it was used during the exam. No interference grounds found; writ petition rejected summarily.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Writ Petition No.3353 of 2008
[Ku. Sanal Talat Naseen Khan Vs. Mah. State Board of Second. & Higher
Secondary Edn. & another]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. A.D. Mohgaonkar, Adv., for the petitioner.
Mr. P.B. Patil, Adv., for respondent no.2.
-----
CORAM: B.H. MARLAPALLE AND
A.H. JOSHI, JJ.
DATE : 13th October,2008.
HeardMr.A.D.Mohagaonkar,learned
counsel for the petitioner.
Mr.Patil,learnedCounselfor
respondentno.2,appearsandhasplacedbefore
us the original record.
WehaveperusedtheEnquiryReportand
alsothecopyingmaterialwhichwasconfiscated
by the Flying Squad.
Undoubtedly,thecopyingmaterialwas
pickedupfrombeneaththedeskwherethe
petitionerwassittingtowriteherexamination
paper,andmoreparticularlytheMathspapers.
ThoughtheEnquiryReportstatesthatthe
officerdidnotseehercopyingfromthe
2
materialthatwaspickedupbytheFlyingSquad,
the Examiner's report dated 21st April, 2008 does
indicatethatthecopyingmaterialwasusedby
thepetitioner,andmoreparticularlyprinted
-
pagesoftheguide-”AlgebraStudy–Tarraki
e – Talim” page 108.
Onthefaceofthisrecord,wedonot
findanycasemadeouttocauseinterferencein
the impugned order issued by the Board.
Hence,WritPetitionisrejected
summarily.
Judge Judge
|Hedau|
2 issues framed by the court
Whether grounds are made out to interfere with the impugned order issued by the Board in an enquiry case.
Whether material seized by the Flying Squad was used by the petitioner for copying during examination.
Ku. Sanal Talat Naseen Khan
Mah. State Board of Secondary & Higher Secondary Edn.
another
B.H. Marlappalle
A.H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court