AKASH BHAWRA Vs. SECRETARY, TECHNICAL EDUCATION

JUDGEMENT

(1.) 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 of Secondary Education. At that time the Petitioner had not appeared for his 10+2 examination. In the prospectus the compulsory subjects for BE/B. Tech. course are Physics and Mathematics. The candidate should have also passed in one of the optional subjects, being Chemistry, Biotechnology, Biology or Computer Science. The Petitioner appeared in the Entrance Test and obtained 118886 rank on All India basis and 883 rank on State basis.