GOA, DAMAN AND DIU BOARD OF SECONDARY EDUCATIONversusKUMARI HEMA LAAD AND ORS.

     430



A          GOA, DAMAN AND DIU BOARD OF SECONDARY
                        EDUCATTON
                                            y.

                     KUMAR! HEMA LAAD AND ORS.

B
                                    August 16, 1984

                   [D.A. DESAI ;\ND V. BALAKR!SHNA ERADI, JJ.]

            Goa, Da1nan and Jiu Secondary and Hig.'ier Secondary Education Rules,
C    1975-Framed under Goa, Daman and Diu Secondary and Higher Secondary
     Education Board Act -Clau·es (I) and (2) of rule 3 7 insofar as they prohibit
     inspection a'ld/or revaluation of answer books-Validity of-Held valid.

            On being challenged, the Bombay High Court, following its earlier
     decision in Paritosh Bhupeih Ku111arsheth and others v. Maharashtra State
D    Board of Secondary and Higher Secondary Education, Pune and another, AIR
     1981 Bombay 895, declared clauses (1) and (2) of Ruic 37 of Goa, Daman           ...
     and Diu Secondary and Higher Secondary Education Rules, 1975 insofar as
     they prohibit inspection and/or revaluation of answer books. as invalid.
     Hence these appeals by special leave.


E          Allowing the appeals.

            HELD : The decision followed by the Bombay High Court has been
     overruled by this Court in Mal:arashtra State Board of Secondary and Hfgher
     Secondary Educatio1 and another v. Paritosh Bhupesh Ku1narjheth and others
     (1985] 1 S.C.R. 29. The present case is fully covered by the dicta laid
F    down in the said ruling. Hence the judgment of the High Court is set
     aside and the validity of clauses (l) and (2) of Rule 37 is upheld. [431F-G]

           Maharashtra State Board of Secondary and Higher Secondary Education
     and another v. Paritosh Bhupejh 1 K111narsheth and others, d1:cided by Supreme
     Court [1985] l S.C.R. 29.
G
                                                      ' Appeal Nos. 4152
                                                    Civil
           CIVIL   APPELLATE       JURISDICTION
     to 4157 of 1982.
          Appeals by Special leave from the Judgment and Order dated
fl   the 2nd November, 1982 of the I)ombay Hi$h Court, Panaji Bench,
                      EDUCATION BOARD, GOA v. K. 11. LAAD (B. Eradi, J.)     43 l

         (Goa), in Special Civil Application Writ Petitions Nos 129, 110,           A
         103, 101, 102 and lOl of 1980.
                                                                                    "·
              So/i J. Sorabjee, Mrs. A. K. Verma and 0. C. Mathur for the
         Appellant.

                 The Judgment of the Court was delivered by                         B

                BALA!::RJSHNA BRAD!, J. These appeals by special leave are
          directed against the Judgment of the High Court of Bombay (Panaji
          Bench) dated 2.l l.1982 whereby a Division Bench of the High


     •    Court allowed a batch of Writ Petitions filed by some students who
          had appeared in the XII standard examination conducted by the
          Goa, Daman and Diu Board of Secondary and Higher Secondary
                                                                                    c
                                                                                    ,,
          Education and declared the provisions of clauses(!) and (2) of Rule
          37 of the rules framed by the Administrator of Goa, Daman and Diu
          under Goa, Daman and Diu Secondary and Higher Secondary Edu-
          cation Board Act as ultra vires and invalid insofar as thoy prohibit
          inspection and/or revaluation of answer books. In reaching the said       D
          conclusion on the. validity of the impugned rules the High Court
          followed its earlier Judgment in Paritosh Bhupesh Kumarsheth and
          others v. Maharashtra State Board of Secondary and Higher Secon-
          dary Eduaation, Pune and another-AIR 198! Bombay 895-wherein
          Regulation 104 (3) framed by the Maharashtra State Board of
         Secondary and Higher Secondary Education which is an identical             E
          provision prohibiting inspection and/or revaluation of answer books
          was declared illegal.and ultra vires. The correctness of the said Judg-
.,        ment (AIR 1981 Bombay 895) came in for examination by this Court
          in Maharashtra State Board of Secondary and Higher Secondary
         Education and another v. Paritosh Bhupesh Kumarsheth and others.(1)
         By Judgment dated 17th July 1984, this Court reversed the view taken       F
          by the Bombay High Court and upheld the validity of the impugned
          clauses (1) and (3) of Regulation 104. The present case is fully
         covered by the dicta laid down in the said ruling. Hence we set
         aside the Judgment of the High Court and uphold the validity of
         clauses (l) and (2) of Rule 37 of the rules framed under the Goa,
         Daman and Diu Secondary and Higher Secondary Education Board
         Act. These appeals are allowed and the writ petitions filed in the
         High Court will stand dismissed. The appellant "ill get its costs
         from the respondents.

         H.S.K.                                                 Appeal allowed.
          (I)   [t985] I S.C.R. 29.