PANDYA HARSH Vs. EXAMINATION SECRETARY

JUDGEMENT

(1.) RULE . Mr. A. D. Oza, learned advocate waives service of notice of rule on behalf of the respondent Board in both the petitions.

(2.) SINCE common questions of fact and law are involved in both these petitions, the same were taken up for hearing together and are disposed of by this common judgement.

(3.) THE facts relating to Special Civil Application No.14325 of 2013 are that the petitioner (hereinafter referred to as "the first petitioner") had passed the Secondary School Certificate Examination held in March 2011 with 90.54 percentile rank. He, thereafter, opted for science stream in the 11th and 12th standard. The petitioner was required to clear two semesters in the 11th standard and two semesters in the 12th standard. In the aggregate, the first petitioner was required to clear four semesters for passing the Higher Secondary Certificate Examination. It appears that the petitioner had suffered serious complications in his eyes and had to undergo eye surgery at the time when the second semester examination of the 11th standard was taken and therefore, could not appear in the said examination. Consequently, in the mark sheet for the second semester examination held in April, 2012, the petitioner was shown as absent in all the subjects. He, thereafter, appeared in the third semester examination of 12th standard held in October, 2012 and had cleared the said semester examination having secured C1 grade. Thereafter he appeared in the fourth semester examination held in March, 2013 and cleared the said examination. The petitioner received a combined mark sheet for all the four semesters after the fourth semester examination held in March, 2013. Since the petitioner could not appear in the second semester examination, his HSC result was shown as withheld in the combined mark sheet. The petitioner, thereafter, cleared the Gujarat Common Entrance Test, 2013 with 95.19% and also the National Eligibility cum Entrance Test with 60.3620%. He, thereafter, appeared in the supplementary examination held in July, 2013 in lieu of his absence in the second semester examination. However, in some of the subjects of the supplementary examination, the marks secured by the petitioner were less than the qualifying marks, and hence, his result for Higher Secondary Certificate Examination was not declared and continued to be withheld. The petitioner was asked to appear in the next supplementary examination to be held in 2014 as he had secured less than the qualifying marks in the supplementary examination in some of the subjects. 4.1 It is the case of the petitioner that the respondent Board was not justified in withholding his result for Higher Secondary School Certificate Examination on the ground that in his supplementary examination in particular subjects, he has not scored qualifying marks, ignoring the result secured by him in the third semester examinations cleared by the petitioner earlier. According to the petitioner, the respondent is required to consider the average marks in each subject in the aforesaid four examinations and if so considered, the petitioner would be declared pass. It is in the aforesaid backdrop that the petitioner has approached this court seeking the relief noted hereinabove. Special Civil Application No.14736 of 2013