ANKUR MATHUR Vs. STATE

JUDGEMENT

(1.) - This petition has been filed with the prayer that an appropriate writ, order or direction be issued declaring the condition of minimum 50% marks in Senior Secondary Examination for participation in Pre-BSTC Course as illegal and ultra vires of the Constitution of India.

(2.) Alternatively, it has been prayed that this Court may issue a direction that 49.54% marks secured by the petitioner in Senior Secondary School Examination be rounded off and treated as 50% to enable the petitioner to be considered as eligible for Pre-BSTC Course tests in which the petitioner has secured 339 marks over the requirement of minimum 240 marks.

(3.) So far as first prayer of the petitioner declaring the condition of minimum 50% marks in Senior Secondary School Examination for participation in Pre-BSTC Course to be arbitrary is concerned, I am of the view that the prescription of minimum marks in any examination is a function of experts and it is not for this court to invoke its extra ordinary writ jurisdiction thereon for the asking. Otherwise also, matters pertaining to the field of experts such as prescription of minimum marks cannot be substituted by a bald opinion of this court without more. No grounds at all have been advanced for laying the challenge in issue or argued. I, therefore, find no occasion whatsoever to issue a declaration that prescription of minimum marks as 50% in Senior Secondary School Examination for participation in Pre-BSTC Course is arbitrary or in any manner whatsoever hit by Art. 14 of the Constitution of India.