Bombay High Court
Yashvi Navdeep Vora vs The State Of Maharashtra And 6 Ors on 27 June, 2019
Author: G.S. Patel
Bench: S.C. Dharmadhikari, G.S. Patel
907.WPL1921.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1921 OF 2019
Yashvi Navdeep Vora ... Petitioner
Vs
1 The State of Maharashtra & Ors. ... Respondents
Mr. Prashant Chawan with Mr. Hemal Dedkha and Mr. Mukund
Madekar i/b Madekar & Co. for the Petitioner.
Mr. R.S. Apte, senior advocate with Ms. Geeta R. Shastri, Addl. GP
for the Respondent-State.
CORAM : S.C. DHARMADHIKARI &
G.S. PATEL, JJ.
THURSDAY, 27TH JUNE, 2019 P.C. :
1 This petition under Article 226 of the Constitution of India challenges a letter of 19th June, 2019. 2 That purported to restrict the benefit of the Best-5 Scheme to the students appearing for the SSC Examination of the respondent-Board and the relief sought is, to that extent, it is unconstitutional.
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907.WPL1921.19.doc 3 The petitioner before us along with other students appeared for the SSC examination, but under the auspices of the ICSE Board.
4 The petitioner appeared and the results were declared on 7th May, 2019. On 3rd June, 2019, the State, through the respondent No.3, outlined its policy styled as Best-5 and that was to be followed uniformly for the CBSE and ICSE Board. 5 The date for admission for the First Year Junior College standard eleven admissions were notified and by the impugned letter, the Government informed the concerned authorities that the Junior Colleges in the State of Maharashtra affiliated to the respondent No.6 will consider the percentages of the first five subjects as listed in the mark-sheet for eligibility for admission.
6 It is this letter which is challenged. When the writ petition was placed before us, Mr. Apte, learned senior counsel appeared on behalf of the respondent Nos.1 to 3 and sought time. SRP 2/4 ::: Uploaded on - 28/06/2019 ::: Downloaded on - 29/06/2019 00:52:33 :::
907.WPL1921.19.doc 7 At his request, we placed the matter today. An affidavit has been filed by the State and the other two respondents, of the Deputy Director of Education, Mumbai Region, Shri Rajendra Manek Ahire. In this affidavit, the deponent outlines the policy in the following terms :
"18 I say that in short, the Respondent No.1 has decided to consider any five subjects of Group I and II only, out of six subjects in respect of candidates having their mark- sheet of six subjects in I.C.S.E. for process of admission to Standard XIth as the sixth subject is of Group III. I say that the Respondent No.1 has further decided that in case of candidates having seven subjects in the I.C.S.E. mark-sheet, the candidates will have 2 options available i.e., either to opt for any five best subjects from Group-I and II only, or if the candidates desire the advantage of all the seven subjects then, the percentage shall be calculated by arriving at the average of all the seven subjects for purpose of admission to Standard XIth."
8 In the light of this stand of the State Government and the policy outlined in this affidavit, Mr. Chavan appearing for the petitioner says that the grievances of the petitioner as also students similarly placed like him stand redressed. SRP 3/4 ::: Uploaded on - 28/06/2019 ::: Downloaded on - 29/06/2019 00:52:33 :::
907.WPL1921.19.doc 9 The statements made in paragraph 18 and reproduced above so also the statements in the preceding paragraphs based on which paragraph 18 summarizes the policy were all accepted as undertakings to this Court.
10 In the light of the above, the writ petition need not be pursued further. It is disposed of. Needless to clarify that the procedure for taking admission and stated to be on-line will now contain the suitable changes and modifications in terms of this policy and will not make any reference to the impugned letter of 19th June, 2019 which, in any event, does not survive.
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