NIKUNJ Vs. STATE OF GUJARAT, EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioner who is the student in the 12th standard general stream, has invoked the jurisdiction of this Court under Article 226 of the Constitution by filing this petition through his father and natural guardian.

(2.) What the petitioner has prayed is to direct respondent No.2 - Gujarat Secondary & Higher Secondary Education Board (hereinafter referred to as 'the GSHSE Board') to modify the Notification/ Circular dated 19th June, 2021 to the extent that for the purpose of calculation of marks of the main subjects for standard 12 commerce, that is, subjects of Elements of Accounting and Statistics, the marks of subject Mathematics obtained by the students in the 10th standard only should be taken into consideration. The second prayer is on the same lines seeking modification of the said Notification to the extent that for calculation of marks of the main subjects for 12th standard commerce like Organisation of Commerce and Secretarial Practice, marks of subject Mathematics obtained by the students should be taken into consideration along with other subjects of 10th standard.

(3.) The petitioner has put forth his case stating that as the 12th standard examination was not held in view of the spread of pandemic, respondent - State and GSHSE Board came out with aforementioned Notification dated 19th June, 2021 prescribing therein the Rules, formula and the manner for calculation of marks of the students in the different streams of 12th standard. As could be gathered from the said impugned Notification, the formula laid down for preparation of final marksheet of the students was thus - (a) Maximum 50 Marks will be considered from standard 10 (Considering the formula @ rate of 71.43% of 70 Marks in particular subject); (b) Maximum 25 Marks will be considered from standard 11 (Considering the formula as 50% of Average of marks obtained in First Term (50 marks) & Second Term (50 Marks)); (c) Maximum 25 Marks will be considered from standard 12 (Considering the formula of 20% of marks obtained during Academic Year 2020-21 of First Term (100 Marks) and during the said year and exam conducted subject wise (25 marks) thus total 20% of 125 marks).