PARMAR JAYESHKUMAR TRIKAMBHAI Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) . Rule. Mr.Sompura, learned AGP appearing for Respondents No.1, 2, and 3 waives service of notice of rule. With the consent of the parties, the matter is taken up for final hearing today.

(2.) . The short question involved in this petition is that the petitioner had changed the stream in 11th Standard from Uttar Buniyadi Stream to General Stream. The mark sheet has been issued on the basis of the performance in the 12th Standard in General Stream. It is an admitted position that the said mark sheet is not cancelled by any competent authority.

(3.) . In my view, the issue involved in this petition is covered by the decision of this Court dated 4-9-2002 in SCA No.8473/2002 except that the only distinguishing feature is that in the said matter, after 12th Standard again another stream was opted, but the fact remained that the 12th standard mark sheet on the basis of which the application was made for PTC admission was not cancelled, whereas in the present case, the stream is changed at the 11th Standard. Whether the change of such stream is permissible or not, is for the authority to decide and I am not expressing any opinion on the said aspect. However, in the said judgement of this Court at para 5, it has been observed as under: