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Issues involved: Interpretation of Section 15(2) of the Maharashtra State Board of Secondary and Higher Secondary Education Act, 1965 and the exercise of discretion under Article 226 of the Constitution of India.
Summary: The Supreme Court considered an appeal against a judgment of the Bombay High Court regarding the interpretation of Section 15(2) of the Maharashtra State Board of Secondary and Higher Secondary Education Act, 1965. The case involved a lecturer who was appointed as a supervisor at an examination center where mass copying was discovered. The University cancelled the results of the candidates from that center, leading to a series of legal actions. The Government proposed to remove the lecturer from the State Board due to his alleged failure as a supervisor. The High Court initially quashed the order removing the lecturer, citing that the Government's action did not meet the criteria specified in Section 15(2) of the Act. The Court analyzed Section 15(2) of the Act, emphasizing that the Government's power to remove a member of the Board can only be exercised if the member's activities are detrimental or obstruct the Board's functioning. The Court noted that the lecturer's past actions of allowing mass copying made him unsuitable for the position, even if the specific wording of the section was debated. The Court highlighted the importance of maintaining a proper social image for individuals holding responsible positions. Furthermore, the Court deliberated on the High Court's jurisdiction to interfere with the Government's decision. It explained the principles guiding the exercise of writ jurisdiction, emphasizing that such powers should be used for the sake of justice and societal welfare. The Court opined that appointing the lecturer to a position of responsibility despite his involvement in mass copying could harm the educational system's integrity and public trust. Ultimately, the Court allowed the appeal, overturning the High Court's decision and dismissing the writ petition filed by the lecturer, with each party bearing their own costs.
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