MAULIK VINODKUMAR MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether the phase-wise holding of examinations of Higher Secondary (12th Std.) Science Stream by Examination Board, on account of unfortunate and unprecedented riots, in the State of Gujarat, would affect the merits and evaluation of the examination papers and affect the prospects for admissions in professional courses since Higher Standard Examinations are 'Qualifying Examinations' for such courses and, also, whether, in such situation, an alleged classification will be created or not, whether examination taken on different occasions would create discriminatory treatment to alleged unequals as they are treated as equals, warranting phase-wise 'Merit-List', which, hitherto, has been, only, one 'Merit List', in terms of the provisions of the Higher Secondary Examination Regulations and provisions and practice and, if yes, whether it would be expedient or incumbent upon us by a judicial-review to direct phase-wise 'Merit Lists', are the material and main interesting and significant questions requiring our considerations and adjudication in this writ petition filed by the petitioners invoking aids of Article 226 of the Constitution of India.

(2.) A conspectus of relevant and material facts giving rise to the present petition, needs narration, at the inception so as to appreciate merits and challenge against the petition on hand.

(3.) The petitioners are the guardians of the students appeared in the Science Stream Examination, on 18.3.2002 (First- Phase) which had been conducted by the respondent No.2, Gujarat Secondary Education Board, a Statutory Board, under the Gujarat Secondary Education Act, 1972. The respondent No.4 is an association of parents. It is the case of the petitioners and the respondent No.4 that the members of the said association are residing in different cities of North Gujarat and the object of the said association is to redress the grievances of their children who appeared in the 12th Standard Science Stream examination for the academic year 2001-2002. The respondent No.4 Association, thus, is supporting the cause of the petitioners, whose legal status, size, number of members, basis on which it is constituted, etc. are not precisely known from the record. An application being Civil Application No.3820 of 2002 is filed on behalf of two other Parents' Associations since they are also supporting the petitioners on the same grounds raised by the petitioners and the respondent No.4, Parents' Association. Therefore, on merits of the request of that application of two associations for being impleaded in absence of material particulars about the registration, size of the membership and the objects or written constitution, etc. in minute details, the learned advocate appearing for the applicants is, also, heard, who is supporting the cause of the petitioners, without permitting them to be impleaded, in the larger interest of justice without going into their legal status and competence.