AKHIL BHARATIYA VIDYARTHI PARISHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent. Advocate for the Respondents waive notice. Having regard to the nature of challenge involved we decided to finally dispose of the matter at the admission stage itself, by consent.

(2.) The Petitioner No. 1 is a Students organization registered under the Societies Registration Act in the year 1949. The Petitioners 2 and 3 are the office bearers of the Petitioner No. 1 organisation. By the present petition, the Petitioners are challenging the decision of the Respondents to introduce and implement the facility of ATKT (Allowed to Keep Terms) for the students who have failed in one or two subjects in Secondary School Certificate (SSC) examination and allowing such students to take admission in 11th Standard or first year Junior College, Higher Secondary Certificate (HSC) course for academic year 2009-2010. According to the Petitioners in exercise of powers under Section 36 of the Maharashtra Secondary and Higher Secondary Boards Act, 1965 (hereinafter referred to as the said Act), the Respondent No. 2 Board has framed Regulation. The said Regulation is known as the Maharashtra Secondary and Higher Secondary Boards Regulation, 1977. Regulation 79 thereof provides for eligibility criteria for admission to junior college. It postulates that the eligibility criteria for the students in 10 + 2 + 3 system for securing admission to junior college is passing of SSC examination. As per the said provision, the students who have successfully passed SSC examination alone would secure admission to first year junior college or HSC course and while doing so could opt for one of the branches out of Arts, commerce or Science. Besides, the students who have passed SCC examination can also opt for different diploma courses which provide for minimum qualification of having passed SSC examination (10th Standard). On the other hand, if the student fails in SSC examination (10th Standard), he is required to appear for the same examination to be held in November of the same academic year or in the next academic year so as to successfully complete his basic education till 10th Standard. It is stated that till recently the Board was conducting supplementary examination for the failed students so as to facilitate them to pass out in the failed subject(s) and could thereafter take admission in the first year junior college/HSC course which is also known as 11th Standard in the desired faculty/diploma of their choice.

(3.) It is stated that the result of the SSC examination held for academic year 2008-2009 was declared on 25th June, 2009 and the result for HSC for academic year 2008-2009 was declared on 4th June, 2009. In the SSC examination held in the month of March 2009 nearly 16 lakhs students had appeared. Out of them, about 3 lakhs students failed. The number of students failed in one subject is stated to be 1,37,000/-and the number of students failed in two subjects is approximately 64,000. After the results of SSC examination were declared, on-line admission process for junior college was commenced. According to the Petitioners while on-line admission process for 11th Standard was still in progress, news item appeared on 10th July, 2009 in newspaper Lokmat followed by another news item on 11th July, 2009 in newspaper Sakal and Lokmat respectively and on 14th July, 2009 in newspaper Prahar and Mumbai Mitra. The substance of the news item was that the Minster of School Education of the State of Maharashtra made announcement regarding supplementary examination and ATKT facility for the failed students in one or two subjects by allowing them to take admission on provisional basis to 11th Standard. The news item reported that such decision was in contemplation as it was noticed that the failed students loose one academic year and there were reported incidents of suicide and as also to address other social problems. It was also reported that the Unit Test were likely to be cancelled as the same occupies lot of time of teachers. The news item further reported that about 1,50,000 additional seats will be required and the students taking admission will have to spend about Rs. 15,000/-, as the fees structure will be decided by each individual college. It was also reported that the decision to offer ATKT facility to the failed students would be only for the academic year 2009-2010 and the Respondent No. 2 will hold supplementary examination for the academic year 2010-2011. Further, the admission process for the students who want to opt for ATKT would commence from 4th August, 2009 and that process was not by on-line method but would be off-line admission process.