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 National Education Policy and principles of statutory interpretation.

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 began looking for a college for admission for the 11th and 12th standard in Science. He wanted one closer to his residence. He had heard of the 5th Respondent college, Nashik, located not far from this residence. The Petitioner and his father visited the college. They were asked to fill in an online application form, and, according to the Petitioner were told to indicate only the 5th Respondent as their choice. The Petitioner did so and filled in an 11th standard centralised online admission process form for 2021–2022 saying that he had passed in the Science subject and had opted for only one college.

6. In the first cap round, the Petitioner received an allotment letter from the 3rd Respondent, the Deputy Director of Education. He was allotted a seat in the 5th Respondent college in the Science stream.

7. The Petitioner completed the 11th standard in the 5th Respondent college. He appeared for 11th standard examination. He stood in the first class. He was then admitted in 2023 to the 12th standard. He paid all fees. He appeared for all internal examinations, viva and other tests and cleared them all. He was then given a hall ticket for the HSC examination of February–March 2023. He appeared for this examination. Then, on 27th March 2023 received a letter from the 5th Respondent saying that as per an order issued on 23rd March 2023 by the 4th Respondent, the Petitioner’s admission to the 11th and 12th standard was cancelled. The reason given was that the Petitioner had not “opted for the Science subject” at his 10th standard ICSE examination. The Petitioner’s father applied for a copy of the order. This order of 23rd March 2023 is not yet given to the Petitioner. That in itself is to us a cause of concern.

8. On further enquiries with the 4th Respondent, the Petitioner’s father was apparently shown two lists. One list was said to be that of HSC March 2023 examination-list of candidates appearing without getting eligibility-Nashik. The second list was of “HSC March 2023 examination list of candidates appearing without eligibility forms-Nashik”. The Petitioner’s name features in neither of these two lists. Prima facie, this would indicate that the Petitioner is not ineligible.

9. In the meantime, the Petitioner appeared for the Joint Entrance Examination (“JEE”) of the Vellore Institute of Technology (“VITEEE”) and entrance exams of Birla Institute of Technology and Science, Pilani (“BITS Pilani”). On 29th April 2023, the JEE Main 2023 results were released. The Petitioner scored 97.346 total marks. A few days later, for the Vellore Institute, the released marks showed that of the 1.70 lakhs candidates who took the entrance examination, the Petitioner’s rank was 8830. On that basis the Petitioner obtained a provisional admission letter.

10. The HSC results w