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SUBODH ABHYANKAR
Muskan Ivnati D/O Shri Rajendra Ivnati – Appellant
Versus
State Of Madhya Pradesh Principal Secretary Department Of School Education – Respondent
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:-
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 i
Regulations regarding subject selection for examinations cannot be applied retrospectively, ensuring fairness in educational policies.
The main legal point established in the judgment is that the Board is empowered to correct an erroneous result within six months from its declaration, as per Rule 102(2) of the Maharashtra Secondary ....
In case of conflict, CBSE Bye-Laws prevail over KVS Education Code, and the court interpreted and applied Bye-Law 40.1 to allow the substitution of subjects for promotion.
Eligibility for medical admission no longer mandates Biology in Class 11th if completed in Class 12th as an additional subject, altering previous regulatory requirements.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
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