DHIRUBHAI VIRCHANDBHAI PATEL Vs. CHAIRMAN

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India in the nature of a Public Interest Litigation, the petitioner, a teacher of Mathematics has prayed for issue of a writ of mandamus or any other appropriate writ or order directing the respondent to give full marks to the students for the questions having mistakes and errors, and a writ of mandamus or any other appropriate writ or order directing the respondent to forthwith take re-examination of the paper of Mathematics (Science Stream) of Std.XII examination conducted by the Gujarat Secondary and Higher Secondary Education Board.

(2.) THE petitioner is a resident of Ahmedabad and is engaged in the field of education. THE petitioner possesses Degree of B.Sc. with Chemistry and B.Ed. with Mathematics and Science. THE petitioner has worked as a teacher of Mathematics in Science Stream of Std.XI and XII at B.R.Patel Nutan Fellowship High School between 1981 and 1987. According to the petitioner, he has written Practice Books of Mathematics (Science Stream) since 1983. It is the case of the petitioner that he has preferred this petition in public interest as the career of thousands of students who appeared in the Mathematics (Science Stream) examination of Std.XII conducted by the Gujarat Higher Secondary Education Board in the month of March 2012 is at stake. According to him, the question paper of Mathematics contained apparent mistakes and incorrect questions of 12 marks. According to the petitioner, there are apparent mistakes in Question Nos.9, 10, 17, 21, 33, 34 and 51. It is the case of the petitioner that following are the incorrect questions contained in the question paper of Mathematics (Science Stream) of Std.XII, which has been scanned from the xerox copy of the question paper produced on record.

(3.) THE paper-setter must plan keeping in mind the average students, the weightage of marks, and the time limitation.