ORDER :

Heard learned advocate Mr.Y.H. Motiramani for the petitioner, learned advocate Mr.A.D. Oza for the respondent Nos.1 and 2 and learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent Nos.3 and 4.

2. Learned advocate Mr.Motiramani for the petitioner submitted that the petitioner is aggrieved by the action of the respondent – Board for not issuing the show-cause notice to the petitioner for the action taken against the petitioner as per the impugned order dated 6th November, 2020.

3. The brief facts of the case are as under :

3.1 The petitioner was studying at St. Xaviers’ School, Hansol, Ahmedabad in 12 Standard - Science Stream. The petitioner states that the petitioner had appeared in High Secondary — Science Stream examination in March 2020 vide seat no.B100176 from Rajasthan High School Centre. The petitioner had obtained 319 marks out of total 700 marks. The detailed breakup of marks of petitioner is mentioned hereinbelow :

The passing marks are 34/100 and 17/50. Hence the petitioner had to retake the examination in Chemistry and Physics.

3.2 It is the case of the petitioner that the respondent no.1 Board thereafter conducted supplementary examinations for Science Stream in the month of August 2020. The petitioner had appeared in supplementary examination for Chemistry and Physics held on 26.08.2020 and 27.08.2020. There was no issue in Chemistry examination held on 26.08.2020. On 27.08.2020 the petitioner’s examination centre was Convent English School, Opp. AEC, Jantanagar, Amraiwadi, Anmedabad. As the petitioner and his father were not familiar with Amraiwadi locality, they took assistance of Google Maps App in petitioner’s mobile and reached the exam centre at Convent English School, Amraiwadi on 27.08.2020. Through oversight the petitioner had kept the mobile handset in his pocket. The petitioner’s examination of Physics was schedule during noon session from 3:00 p.m. to 6:00 p.m. on 27.08.2020. At around 4:15 p.m. the mobile handset, kept in petitioner’s pocket rang. Thus the petitioner was immediately caught by attending supervisor and the mobile-phone was recovered from the petitioner. Thereafter the petitioner continued with his examination till 6:00 p.m.

3.3 An intimation to this effect was given to Amraivadi Police Station and FIR bearing no.1191004200730/2020 dated 27.08.2020 (copy at Annexure-D) was lodged at Amraiwadi Police Station and the petitioner was booked u/s.188 of Indian Penal Code. As the petitioner was minor at the relevant point of time, the petitioner’s father was also issued notice about registration of the FIR and the petitioner was apprehended and taken to Amraiwadi Police Station.

3.4 The petitioner completed 18 years of age on 16.10.2020 and attained majority. Thereafter the petitioner’s father was telephonically intimated to attend the office of respondent no.3 -District Education Officer, Ahmedabad on 29.10.2020 from St. Xaviers’ High Secondary School, Ahmedabad. Accordingly the petitioner and his father visited the office of respondent no.3 on 29.10.2020. At that time the Examination Supervisor and Principal of Convent English School were also present. The petitioner, alongwith the Examination Supervisor and Principal of Convent English School were made to speak to a higher rank officer via Google Meet Application from the office of respondent no.3 for about 4-5 minutes with distorted internet connectivity. The petitioner was thereafter asked to make a written representation then and there