1997(1) ALL MR 238
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
A.A. DESAI AND S. RADHAKRISHNAN, JJ.
Kishore S/O Pratap Jadhao Vs. The State Of Maharashtra & Ors.
Writ Petition No.2103 of 1996,Writ Petition No.2100 of 1996
10th October, 1996
Petitioner Counsel: Mr. S. U. NEMADE
Respondent Counsel: Mr. KHAMBORKAR
Other Counsel: Mrs. JOSHI
Education - Examination - A.T.K.T. rule prescribed by Government in relation to Technical Education (Diploma Course) - State Board of Technical Education not competent to alter it.
Polytechnic - A.T.K.T. Rule - Change in - Competency.
The Government Resolution dated 15-6-1992 permitted the facility of A.T.K.T. on passing any 2/3rd subjects in the relevant examination. Thus the students having passed in five subjects out of 8, claim the facility of A.T.K.T. However, the Board of Technical Education, Maharashtra State issued a circular dated 7-8-92, requiring the students to pass in 6 out of 8 subjects in order to avail of the facility of A.T.K.T.
Held that the Board has no authority to issue any circular/instructions repelling the Government Resolution issued by the Government. The instructions as issued by the Board are quite derogative to the rule laid down in the G.R. and as such the instructions of the Board cannot prevail. Thus the students who had passed in 5 out of 8 subjects were entitled to the facility of A.T.K.T. [Para 2,3]
JUDGMENT
A. A. DESAI, J. : Rule. Rule made returnable forthwith. Heard Mr. Nemade, Mrs. Joshi, Mrs. Jog and Mr. Khamborkar.
2. The Government Resolution dated 15-6-1992 permitted the facility of A.T.K.T. on passing any 2/3rd subjects in the relevant examination. According to the Petitioners before us, they have passed in five subjects out of 8, as such they claim the facility of A.T.K.T. This was refused on the ground that by subsequent circular issued by the Board on 7-8-1992, the student is required to pass in six subjects out of 8. The Board initially in the mark-sheet indicated the facility of A.T.K.T. However, subsequently in view of the circular referred to above, they have vacated the same.
3. Obviously, the Board has no authority to issue any circular/instructions repelling the Government Resolution issued by the Government. The instructions as issued are quite derogative to the rule laid down in the G.R. and as such the instructions of the Board cannot prevail. Undisputedly, as required by Govt. Resolution dated 15-6-92, the Petitioners students have passed in five subjects out of 8, which is completely in conformity with the requirements of the Govt. Resolution and as such they are entitled to the facility of A.T.K.T. We, therefore, direct the respondents to grant the said facility to the petitioners for final year's course.