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2005 Supreme(HP) 301

A.K.GOEL, DEEPAK GUPTA
AKASH BHAWRA – Appellant
Versus
SECRETARY, TECHNICAL EDUCATION – Respondent


Advocates Appeared:
Mr. Praneet Gupta, Advocate, for the Petitioner; Mr. M.S. Chandel, Advocate General with Mr. D.C. Pathik, Additional Advocate General, for the Respondent Nos. 1 and 2; Mr. V.D. Khidta, Advocate, for the Respondent No. 3; Mr. Virender Verma, Advocate, for the Respondents No. 4 and 5.

JUDGMENT

Deepak Gupta, J.—The petitioner, who is a young boy aged 19 years, has been put into an unusual predicament for no fault of his and has come to this Court seeking relief under Section 226 of the Constitution of India by way of this writ petition.

2. Petitioner Akash Bhawra appeared in 10+2 examination conducted by the Council for the Indian School Certificate Examination. As per the Rules of this Council, a pass certificate is granted to a candidate who obtains the pass standard (40% in each subject) or in four or more subjects which must include the subject of English. The petitioner was declared pass in the said examination. He passed the subjects of English, Mathematics, Chemistry and Physical Education. In the subject of Physics he was declared fail as he had only 31 marks. Since the petitioner had passed in four subjects on the overall basis, he was declared to have passed as per Annexure P-1 issued in the year 2003.

3. The petitioner wanted to pursue studies in the field of engineering. He submitted an application alongwith requisite fee before 1.2.2003 for appearing in the All India Engineering/Pharmacy/Architecture Entrance Examination conducted by the Central Board






















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