KANT CHETANKUMAR DHULABHAI Vs. STATE EXAMINATION BOARD

JUDGEMENT

(1.) In this petition filed under Art. 226 of the Constitution, petitioner who is a student and obtained admission in the course of Diploma in Physical Education (D.P.Ed.) for the year 1998-99 in Sharirik Shikshan Mahavidyalaya, Chandkheda, Distt.: Gandhinagar which was duly recognised by the Government of Gujarat by Government Resolution dated August 12, 1998 (Annexure-A to the petition), completed the course and appeared at the annual examination held by the State Examination Board, Gujarat State in April, 1999, has prayed to direct the respondents to forthwith declare the result of the petitioner for the D.P.Ed. Examination held by the respondent No. 1 Board in April, 1999.

(2.) The petitioner duly completed the course and appeared at the annual examination held by the State Examination Board, Gujarat State in April, 1999. However, his result has not been declared till date. It is averred that the petitioner and his co-students Were allowed to appeal- at the examination by the order dated April 12, 1999 passed in Special Civil Application No. 2571 of 1999 by this Court (Coram: D.C. Srivastava, J), which was preferred by the college management for recognition from N.C.T.E. (National Council for Teacher Education) and the said petition was withdrawn on October 16, 2000 (Coram: P.K. Sarkar, J) after the N.C.T.E. granted recognition to the DPEd course of the college for subsequent years. However, the result of the petitioner and his co-students was not declared. The co-students of the petitioner thereafter preferred Special Civil Application Nos. 4934 of 2001, 7068 of 2001 and 6803 of 2001 for declaration of their result and their results were directed to be declared by this Court vide orders dated July 25, 2001 (Coram: P.K. Sarkar, J), September 25, 2001 (Coram: R.M. Doshit, J) and September 27, 2001 (Coram: R.M. Doshit, J) respectively. The present petitioner is exactly similarly situated and, therefore, by filing this petition, prayer is made to declare the result of the petitioner for the B.P.Ed, examination held by respondent No. 1 Board in April, 1999 to which reference is made in earlier paragraph.

(3.) I have considered the submissions advanced by Mr. K.R. Pujara, learned advocate for the petitioner and Mr. Premal Joshi, learned AGP for the respondents. I have perused the averments made in the petition as well as the documents and orders passed by this Court in various petitions annexed therewith.