FRANCISCO D LUIS Vs. DIRECTOR, BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION AND THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have the advantage of perusing the judgment written by my esteemed colleague Justice A.P. Deshpande. With respect, I am unable to concur with the view expressed in the judgment and, therefore, would proceed to record my judgment expressing entirely a contra view.

(2.) It may not be necessary to refer to the factual matrix of the case in any greater detail as it has been noticed in the judgment authored by Deshpande, J., but certain facts which are of some importance and have a direct bearing on the issues involved in the present Writ Petition needs to be referred even at the cost of repetition.

(3.) Undisputed facts which emerge from the record before the Court are that on 12th June 2008 a meeting was called by the Minister for School Education and Sports to discuss the subjein regard to normalization of SCC, CBSE and ICSE examinations in which it was decided to inform all the Boards within the State of this proposal obviously with the purpose of inviting their views. It was decided to take up this matter immediately. A proposal is claimed to have been sent to the Secretary, School Education Sports Department, Maharashtra Government on 20th June 2008. In this proposal it was stated that in all these Board examinations there are different type of syllabus, marks and priorities are given to those students who obtain more marks in the Board examinations. Students who get less marks are not considered eligible and to avoid this and to bring normalcy a percentile proposal of Ruparel College, Mumbai was enclosed with this proposal. A formula was prepared in a meeting held on 26th June 2008 by the Office of the Deputy Director of Education, Mumbai wherein it is stated that some Principals were present from different Junior Colleges which finally resulted in issuance of the Government Circular dated 27th June 2008. Government Resolution dated 27th June 2008 was prepared applying what is termed as a percentile formula and this was circulated and given effect to vide letter dated 30th June 2008. The Circular issued by the authorities on 27th June 2008 makes an interesting reading. It will be useful to reproduce this Circular at this stage itself