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G. S. PATEL, NEELA GOKHALE
Krish Rajendra Chordiya – Appellant
Versus
State of Maharashtra, Through its Ministry of School Education – Respondent
JUDGMENT
GS Patel J.
1. Rule. Appearing Respondents waive service. Rule made returnable on 11th July 2023.
2. The Petition discloses an utterly extraordinary state of affairs. The Petitioner is a 17-year-old student is caught between the Scylla of an utterly doctrinaire approach of the 4th Respondent, Maharashtra State Board of Secondary and Higher Education, and the Charybdis of an alleged lapse on the part of the 5th Respondent, the Gargi Junior College, Nashik. The result is that the young Petitioner’s entire educational carrier and future is in jeopardy.
3. The Petitioner was a student in the Silver Oak Universal School, Nashik. He appeared for the 10th standard examination of the ICSE Board in the academic year 2020–2021. It seems that very shortly thereafter, because of the lockdown, the Petitioner could not immediately take enrolment in a college. He worked on developing a digital app relating to the Covid situation. This was a tracker for Covid conditions. Clearly, he engaged himself in a technical and science-based pursuit of his own volition.
4. On 24th July 2021, the Petitioner’s results for the 10th standard examination were declared. He secured 92% marks.
5. The Petitioner b
The central legal point established in the judgment is the need for flexibility in education and the consideration of a student's performance and potential in admission decisions, in line with the Na....
The main legal point established in the judgment is that the policy decision of the State Board regarding admission criteria should be applied consistently to protect the academic interest of the stu....
Regulations regarding subject selection for examinations cannot be applied retrospectively, ensuring fairness in educational policies.
The court emphasized the importance of fulfilling the eligibility criteria and completing the necessary steps for seat acceptance as per the applicable scheme of admission, and cited previous judgmen....
Provisional admissions should not be invalidated after significant study if no misrepresentation occurred, emphasizing the importance of allowing students to complete their education.
The Right of Children to Free and Compulsory Education Act, 2009 guarantees every child's right to education, and administrative decisions regarding admission must be based on clear and justifiable g....
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