A. V. Potdar, J. - (1.) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.
(2.) By this petition, under Article 226 of the Constitution of India, the petitioner challenges the action of respondent No. 1 of debarring her performance in HSC examination up to October 2009 and seeking directions to declare her result for the examination conducted in the month March 2009.
(3.) The facts, which gave rise to file the present petition can be summarized as follows- a) The petitioner is a 12th Standard student of respondent No. 2 College in science faculty for the year 2008-09. The petitioner suffers from permanent disability of amblyopic blindness to the extent of 40%. Examination for Chemistry-I paper was scheduled on 04.03.2009. According to the petitioner due to her illness, she reached 5 minutes late to the examination hall. Thereafter answer sheet was provided to her on which she put her serial number. However, her blank answer sheet was seized alleging that she was indulged in malpractice. b) On 25.03.2009, the petitioner received a show cause notice alleging that she had kept a printed material of physics subject with her and hence committed malpractice during the examination. The said printed material was attached to the answer sheet. The petitioner tendered her reply to the show cause notice. Petitioner also appeared before the Enquiry Officer. On 04.06.2009, respondent No. 1 declared result of examination which indicates that her entire performance was canceled and she is debarred from examination up to October 2009. Hence, on 12.06.2009, she submitted an application to reconsider her case. However, it was not responded by the respondent No. 1. Therefore, present writ petition.;