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2021 Supreme(Guj) 476

N.V.ANJARIA
Nikunj S/o Lalitkumar Ganatra – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Raj S. Tanna.
For the Respondents: Mr. Manraj Barot, Mr. A.D. Oza.

JUDGMENT :

N.V. ANJARIA, J.

1. The petitioner who is the student in the 12th standard general stream, has invoked the jurisdiction of this Court under Article 226 of the Constitution by filing this petition through his father and natural guardian.

1.1 The grievance of the petitioner is in respect of the criteria and formula envisaged by respondent No. 2-Gujarat Secondary and Higher Secondary Education Board for preparing the result of the students studying in 12th standard for the Academic Year 2020-21, as reflected in the communication-cum-circular dated 19th June, 2021. The 12th standard examinations was not conducted in the wake of waive of COVID-19 pandemic, the decision was taken to cancel the already declared examinations. Therefore the manner and criteria of calculating the marks to pass out the students in the 12th standard for the purpose of declaring their result sans examinations were formulated.

2. What the petitioner has prayed is to direct respondent No. 2-Gujarat Secondary and Higher Secondary Education Board (hereinafter referred to as ‘the GSHSE Board’) to modify the Notification/Circular dated 19th June, 2021 to the extent that for the purpose of calculation of marks

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