BHUMIKABEN KIRANBHAI PATEL Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) Rule. Mr.Sompura, Ld.AGP waives service of rule. With the consent of parties matter is taken up for final hearing.

(2.) The short facts of the case are that the petitioner passed the Xth Standard examination in the year 1999 with 88.29% marks. The petitioner, thereafter, appeared in HSC (Science stream) examination held in April/May, 2001 and failed. Thereafter, the petitioner appeared HSC (General stream) examination held in April/May 2002 and passed with 78.33% marks. The petitioner applied for admission to PTC course. However, the respondents deducted 5 marks while deciding the merit of the petitioner on the basis of his failure in HSC (Science stream) examination held in April/May, 2001 and the petitioner was not granted admission and hence this petition.

(3.) I have heard Mr.B.N.Patel for Mr.Pujara on behalf of the petitioner as well as the Ld.AGP Mr.Sompura on behalf of respondent Nos 1 and 2. Mr.Patel has relied on the judgment of this court, dated 28.8.02 passed in Special C.A.No.7189/02 on the identical point. There is no dispute that the case of the petitioner is more or less similarly situated except that the petitioner of the said petition had failed at three attempts in the said examinations whereas the present petitioner had failed at one attempt but the common aspect is that all these attempts were in HSC (Science stream) and they were not in HSC(General stream).