Full Judgment Text
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PETITIONER:
SMT. YASHOMATI HARSUKHLAL LATHIA & ORS.
Vs.
RESPONDENT:
SAURASHTRA KUTCH STOCK EXCHANGE & ORS.
DATE OF JUDGMENT30/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (4) 156 JT 1995 (8) 337
1995 SCALE (6)334
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Only controversy is whether the first appellant
fulfilled the qualifications of 12th standard prescribed for
consideration of her membership of the Stock Exchange.
Admittedly, the appellant passed Matric which is equivalent
to 11th standard in Gujarat State, Saurashtra region. The
Saurashtra University Act, 1965 (Gujarat Act 39 of 1965) was
amended by the Gujarat Secondary Education (Amendment) Act,
1978, (Gujarat Act No. 32 of 1978) which was published after
receipt of the assent of the President in the "Gujarat
Government Gazette" on the 29th September, 1978. It provided
that in Section 43 clause (i) after the words "Secondary
School Certificate Examination" the words "in the eleventh
standard or the Higher Secondary School Certificate
Examination" shall be inserted. The Explanation there to
clearly amplifies that the "Higher Secondary School
Certificate Examination" means the examination of the
students in the twelfth standard. The first appellant having
passed the eleventh standard examination was thus qualified
for consideration of membership of the Stock Exchange. The
Screening Committee had rejected her petition on the ground
that the first appellant had not have the qualification of
12th standard in that behalf; it was, however, not brought
to its notice that by virtue of the aforementioned
amendment, the eleventh standard was made equivalent to
Higher Secondary Certificate Examination.
In view of the legal position set out above, the first
appellant is entitled to be considered by the appropriate
Committee whether she could be admitted a member of the
Saurashtra-Kutch Stock Exchange at Rajkot. The appeal is
accordingly allowed. The Screening Committee would consider
and dispose of the claim of the first appellant within a
period of eight weeks from the date of the receipt of this
order. No costs.
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