Regulations regarding subject selection for examinations cannot be applied retrospectively, ensuring fairness in educational policies.

ORDER :

Subodh Abhyankar, J.

Heard finally, with the consent of the parties.

2. This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

“It is, therefore, prayed that this Hon'ble Court may kindly be pleased:-

a) To allow this petition by issuing appropriate writ, order or direction and to direct the respondent no. 2 to 6 to permit the petitioner to appear in 12th Board Final Examination with subject Biology, instead of subject Mathematics and petitioner may kindly be permitted to carry out necessary consequential changes in examination form and other relevant documents in this regard; and

b) Any other relief which this court may deem fit in the interest of justice.”

3. In brief, the case of the petitioner is that she is a resident of Gram Pigdamber, Rau, District Indore and is presently studying in Government Girls Higher Secondary School, Rau in Class 12th. with Biology as her main subject, and prior to that, she completed her Class 11th from Higher Secondary School, Bordehi, District Betul with Higher Mathematics and thereafter, after obtaining her Transfer Certificate from the said school she got herself admitted in the Government Girls Higher Secondary School, Rau.

4. The case of the petitioner is that at the time of filing the Form for Class 12th, she had given her choice of subjects as Physics, Chemistry and Biology and she has also topped in attendance in class, and also gave the quarterly and half yearly examination in the subject Biology.

5. The petitioner’s further case is that she has attended the school regularly and has the highest attendance of 105, the document regarding which is also placed on record, which was obtained by the petitioner through the Right to Information Act. But the problem occurred when the petitioner was issued a dummy admit card in which it was mentioned that she has taken Mathematics as the main subject, which is filed as Annexure-P/3. Thereafter, the petitioner submitted her representation contending that due to negligence on the part of the school in her dummy admit card, subject Mathematics has been mentioned as her main subject despite the fact that her main subject was Biology only, however, no action was taken in respect of the aforesaid representation. However, the Principal of the aforesaid school, vide his letter dated 26/12/2023 wrote to the Secretary, Board of Secondary Education informing that although the student had submitted her form taking Physics, Chemistry and Mathematics, however, according to her she was assured by the earlier Principal that her subject would be changed, but as per the Education Policy of 2023-2024, the subject could not be changed, hence the student is now threatening that she would commit suicide if her subject is not changed from Mathematics to Biology and thus, it was requested by the Principal of the school that looking to the future of the student, her subject may be allowed to be changed. Thereafter, the District Education Officer, vide his letter dated 27/12/2022, also wrote to the Secretary of the Board of Secondary Education in which it was reiterated that under the facts and circumstances of the case when the student has also threatened to commit suicide, she may be allowed to change her subject so as to save from any unpleasant situation.

6. Counsel for the petitioner has submitted that the petitioner was given admission in Class 12th with Biology as her main subject and was allowed to appear in the quarterly and half yearly examination for the subject Biology, and there was no reason for her to take Mathematics subject and not attend the classes of Mathematics whereas, in her attendance sheet, she has the highest attendance in the entire class having 105 attendance. Counsel has submitted that the petitioner has also filed certain additional documents along with the rejoinder and the attention of this Court is also drawn to the document, Annexure-R/18 filed by the respondent Nos. 1