1984 INSC 0212
                             Goa, Daman and Diu Board of Secondary Education

                                                           Vs

                                          Kumari Hema Laad and Others

                                    Civil Appeals Nos. 4152 to 4157 of 1982

                                      (D. A. Desai, V. Balakrishna Eradi JJ)

                                                      16.08.1984

                                                     JUDGMENT

BALAKRISHNA ERADI, J. -

1. These appeals by special leave are directed against the Judgment of the High Court of
Bombay (Panaji Bench) dated November 2, 1982 whereby a Division Bench of the High Court
allowed a batch of of writ petitions filed by some students who had appeared in the standard XII
examination conducted by the Goa, Daman and Diu Board of Secondary and Higher Secondary
Education and declared the provisions of clauses (1) 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 Education Board Act as ultra vires and invalid insofar as they prohibit inspection and/or
revaluation of answer books. In reaching the said conclusion on the validity of the impugned rules
the High Court followed its earlier Judgment in Paritosh Bhupeshkumar Sheth v. Maharashtra State
Board of Secondary and Higher Secondary Education, Pune (AIR 1981 Bom 95 : 1981 Mah LJ 587)
wherein Regulation 104(3) framed by the Maharashtra State Board of Secondary and Higher
Secondary Education which is an identical provision prohibiting inspection and/or revaluation of
answer books was declared illegal and ultra vires. The correctness of the said Judgment (AIR 1981
Bom 95) came in for examination by this Court in Maharashtra State Board of Secondary and
Higher Secondary Education v. Paritosh Bhupeshkumar Sheth ((1984) 4 scc 27). By Judgment dated
July 17, 1984, this Court reversed the view taken 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 (1) 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 will get its costs from the
respondents.

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