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The Aurangabad Bench after taking note of the GR rejected the submission of the petitioner, and held that illegal allotment of admit card would not legitimize the third attempt.
The Bombay High Court (Aurangabad Bench) comprising Justice Ravindra V. Ghuge and Justice Arun R. Pedneker held that only two improvement exams can be given by a student and that the third attempt would not be considered even if the student has appeared for the exam and results are declared.
The petitioner had appeared for the 12th Standard State Examination and cleared the exam. However, the petitioner secured less than 50% and could not apply for the NEET exam. The petitioner then applied for the first improvement exam in October – November 2020 and could not secure more than 50%. Subsequently, the petitioner again applied for a second improvement exam and again could not secure more than 50% in the month of September – October 2021. The petitioner then again applied for an improvement exam in February – March 2022 and secured 73.67%.
The result of the petitioner was declared on the website but the petitioner was not given the original mark sheet.
The counsel for the petitioner argued that once the petitioner is permitted to appear for the examination and his result is declared, it is not permissible for the respondent authorities to withhold his original mark sheet
The counsel for the Education Board argued that the petitioner is entitled to two improvement examinations and the petitioner having exhausted both these options earlier, is not permitted or allowed to take his third improvement examination. He also argued that there is an apparent error on the part of the College to issue a hall ticket to the petitioner for the third attempt and that the petitioner was aware that the third improvement exam is not available.
The court while rejecting the submissions of the petitioner relied on the Government Resolution dated 2nd July 2021 issued by the School Education and Sports Department, State of Maharashtra which states that only two attempts for improvement exams are allowed. The court stated that:
“We cannot direct the respondent Board to issue mark-sheet of the third improvement examination which was an impermissible attempt. Only because the petitioner was illegally allotted an admit card, would not legitimise the 3rd attempt. Hence, we dismiss this writ petition.”
Case Title: Omkar Chavan vs State of Maharashtra & Ors
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