JUDGMENT :

S.G. DIGE, J.

Rule. Rule made returnable forthwith. With consent of the parties taken up for final hearing at admission stage.

2. By this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks directions against respondents to restore examination of 12th standard in online mode. The petitioner is also challenging the Notification dated 04.02.2022 issued by respondent no.3. In alternative, the petitioner seeks directions to postpone the examination of 12th standard.

3. Respondent No.1 is the State of Maharashtra through the Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai. Respondent No.2 is the Education Minister, Department of Higher & Technical Education, Mantralaya, Mumbai. Respondent No.3 is the Maharashtra State Board of Secondary and Higher Secondary Education, Pune, who has issued the Notification dated 04.02.2022. Respondent No.4 is the Divisional Secretary, Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad.

4. Brief facts of the case are as under :-

The petitioner is a student of 12th standard studying in Art faculty in Devgiri College, Aurangabad in the academic year 2021-22. Due to Covid-19 pandemic situation, the education sector has faced heavy set back as the entire system and process had to be switched to a distant mode i.e. online. Therefore, by taking help of others, the software/applications like Zoom, Google Meet, Whatsapp etc, the entire education system managed to survive in Covid-19 situation. The students around the country were bifurcated on basis of economic, geographic, digital device. The students are trying to cope up to settle with the modern approach against the traditional approach. However, there are some defects in the modern approach namely lack of infrastructure i.e. internet access, availability of devices etc. Technological lifestyle may come with adaptation and self education towards the same, however, lack of infrastructural resources continued.

5. Since March, 2020, institutions have been closed. Due to vaccination drive and death rates have reduced, therefore, the schools are now opened partially. However, online education has inflicted a whole new approach towards classes and the grasp and attention of students, which was not the same during physical lectures. Evaluation of an academic year conducted in an online method must be restricted to the practices put forth by online methods itself. Distinct approaches towards classes and exams bring various difficulties for students as they have to spend entire year for preparing in an online mode. Despite of all these unusual circumstances, the respondents still decided to conduct offline exams. Hence this Writ Petition.

6. Mr.B.S. Bhale, learned counsel for the petitioner submits that the respondent authorities have issued the said Notification without following the various judgments of the Hon’ble Apex Court as well as the High Court. It is contention of the learned counsel that it is totally unfair to hold online classes and physical exams. If the authorities hold physical exams by a safe method then it also should have hold sufficient physical classes and they cannot approbate and reprobate at the same time. It is contention of learned counsel that the authorities have issued the impugned Notification by violating principle of equality before law guaranteed under Article 14 of the Constitution of India. It is the contention of learned counsel that the impugned Notification is depriving the students from equal protection of law as it is forcing the students to appear for examination physically when the classes were held online. It is also contention of learned counsel for the petitioner that there are several instances wherein the students have committed suicide due to decision of the respective Boards to conduct exam in physical mode. Learned counsel further submits that in similar situation, Rajasthan Government has postponed the examination. The lear