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 & 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 & 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 of the main subjects for standard 12 commerce, that is, subjects of Elements of Accounting and Statistics, the marks of subject Mathematics obtained by the students in the 10th standard only should be taken into consideration. The second prayer is on the same lines seeking modification of the said Notification to the extent that for calculation of marks of the main subjects for 12th standard commerce like Organisation of Commerce and Secretarial Practice, marks of subject Mathematics obtained by the students should be taken into consideration along with other subjects of 10th standard.
2.1 The petitioner has made alternative prayer to direct respondent No.2 - GSHSE Board to follow the rules and the manner prescribed by the Central Board of Secondary Education, that is "average theory components of best three performing subjects out of six main subjects of 10th standard", praying further that such formula should be applied and marks should accordingly be taken into consideration for preparation of final marksheet for any stream of 12th standard.

(3.)The petitioner has put forth his case stating that as the 12th standard examination was not held in view of the spread of pandemic, respondent - State and GSHSE Board came out with aforementioned Notification dated 19th June, 2021 prescribing therein the Rules, formula and the manner for calculation of marks of the students in the different streams of 12th standard. As could be gathered from the said impugned Notification, the formula laid down for preparation of final marksheet of the students was thus - (a) Maximum 50 Marks will be considered from standard 10 (Considering the formula @ rate of 71.43% of 70 Marks in particular subject); (b) Maximum 25 Marks will be considered from standard 11 (Considering the formula as 50% of Average of marks obtained in First Term (50 marks) & Second Term (50 Marks)); (c) Maximum 25 Marks will be considered from standard 12 (Considering the formula of 20% of marks obtained during Academic Year 2020-21 of First Term (100 Marks) and during the said year and exam conducted subject wise (25 marks) thus total 20% of 125 marks).
3.1 It is the further case of the petitioner that in view of the above formula, the respondent - Board further divided subjects of 10th standard, 11th standard and 12th standard in different groups. Group 1, 2 and 3 were devised for science stream and Group 1, 2, 3 and 4 came to be determined for other stream. The marks were classified based on such groups as to which subject of 10th standard would be taken into consideration for giving marks in the corresponding subject of 12th standard and to prepare marksheet for 12th standard on such footing.

3.2 The subjects of 10th standard to be treated as main corresponding to the main subjects in the 12th standard in the science stream for assessment was demonstrated. For the main subject Mathematics in standard 12 (science), the corresponding main subject mentioned in the formula was Mathematics. Similarly, for the Chemistry and Physics subjects of the 12th standard, corresponding 10th standard subject was "average of science and mathematics", for Biology it was subject of science in the 10th standard. For other stream which the petitioner described as commerce stream, it was demonstrated that in relation to the main subjects of Organisation of Commerce and Elements of Accounting, 10th standard corresponding subject provided is "average of social science and third language".

3.3 In the same way, for the subjects of Statistics and Secretarial Practice of the 12th standard, the corresponding subject of 10th standard which would be taken into account for preparing result is referred to be "average of social science, science and first language". It is the case of the petitioner therefore that for none of the subjects of 12th standard for preparing final marksheet, subject of Mathematics in 10th standard was considered and was omitted. It is the premise of grievance of the petitioner that such exclusion lacks application of mind.

3.4 Without incorporating any prayer for setting aside, the petitioner proceeded in his pleadings to call in question another Notification dated 20th June, 2021 issued by respondent No.2 whereby it is provided that those students who are dissatisfied with the procedure and formula of calculating marks as per the Circular dated 19th June, 2021, shall have the option to surrender their marksheet within 15 days from the date of declaration of final marks and they will have the further option to give another examination and that the marks of the latter examination will be taken into consideration. It was contended that the said Notification dated 20th June, 2021 was cleverly issued, even though no student would opt for re-examination. It was submitted that in issuing the same, there was no practical application of mind. It was further sought to be contended that it was issued as a shield to thwart the challenge to Notification dated 19th June, 2021. In whatever way the petitioner has perceived the said subsequent Notification and whatever may be the reason not to challenge the same in the prayers, the said is an ancillary aspect at the best. It is mentioned as it is pleaded by the petitioner.

3.5 Pursuant to Court's order dated 15th July, 2021, respondent No.2 Board filed its affidavit-in-reply dated 16th July, 2021. Therein inter alia it has been contended that the formula considered for preparation of final marksheet for the students of the 12th standard was a policy decision for assessment of marks taken by the committee of experts. It was submitted that the Court may not extend itself in the realm of policy. The considerations weighed with the decision makers were highlighted in the affidavit, which are stated with elaboration in the succeeding paragraph. In the affidavit-in-reply, the pattern of study and the subjects taught in the science stream and general stream of the 10th standard were explained to justify the manner adopted for preparation of final marksheet of 12th standard. It was pointed out that there was no separate commerce stream as described by the petitioner.