Bombay High Court
Samruddhi Sambhaji Padwal And ... vs The State Of Maharashtra And ... on 28 February, 2022
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 WRIT PETITION NO.13928 OF 2021
SAMRUDDHI SAMBHAJI PADWAL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. for Petitioners : Mr. S. S. Jadhavar h/f Mr. Rakhunde P. B.
AGP for Respondent/s-State : Mrs. M. A. Deshpande.
Advocate for Respondent No.3 : Ms. Surekha P. Mahajan.
...
CORAM : RAVINDRA V. GHUGE, AND
S. G. MEHARE, JJ.
DATE : 28.02.2022
PER COURT :-
1. We have considered the strenuous submissions of the
learned advocates for the respective sides and have gone
through the Government Resolution issued by the School
Education and Sports Department, State of Maharasahtra
dated 02.07.2021. There is no dispute that vide the said
Government Resolution, students who have passed the regular
examination and desired to improve their performance, are
entitled to two attempts, which should be consecutive pursuant
to the main exam in which they have passed the subjects.
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2. These petitioners had applied for the November 2020
supplementary exam, which could have been their first
attempt. They, however, chose to remain absent from their
exam on the ground of Covid-2019, though according to the
learned advocate for the Board, approximately 41,00,000
(Forty One Lakhs) students appeared for the S.S.C. and H.S.C.
exam offline in November 2020. In view of this situation, the
second attempt of the petitioners could have been in March
2021. However, the examination was cancelled by the Board
and as such no exams were conducted.
3. It is in this backdrop that they had approached this Court
in Writ Petition No.8938 of 2021 seeking a direction that they
should be declared as "passed" and a particular pattern of
drawing an aggregate for the P. C.B. should be adopted. This
Court (Coram : S. V. Gangapurwala and R. N. Laddha, JJ.)
delivered an order on 02.09.2021 and did not accept the said
request of the petitioners.
4. Consequentially, the exam was held in September 2021
and this attempt was taken by these three petitioners who
passed the said examination. However, their aggregate of the
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Physics, Chemistry and Biology (P. C.B.) subjects, still turned
out to be less than 50%.
5. The issue before us today is with regard to whether the
September 2021 exam should be considered as being the
second attempt in the backdrop of these petitioners having
skipped the November 2020 exam, voluntarily. The
submissions of the petitioners as have been recorded by the
Hon'ble Supreme Court in it's order dated 18.02.2022 in the
first paragraph on page No.2 are that the Board had granted
the concession before this Court that the September 2021
exam would be considered as a first attempt. For the sake of
clarity, paragraph No.3 of the order dated 02.09.2021 passed
by this Court is reproduced as under :
"3. Ms. Mahajan, learned counsel for the Board submits that
the Board would allow the students like the petitioners who had
passed 12th standard examination held in February 2020 to
appear in the class improvement examination to be held by the
Board in the last week of September and the same shall be
considered as their first attempt. The learned counsel further
submits that the benefit of the Government Resolution dated
02.07.2021 is accorded to those students who had failed in
February 2020 examination. The petitioners cannot be said to
be similarly placed. The petitioners have passed the
examination. The learned counsel submits that the similar issue
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has been dealt with by the Division Bench of this Court at
Nagpur in Writ Petition No. 2708 of 2021 under judgment and
order dated 01.09.2021."
6. The learned advocate for the Board submits that no such
concession was granted in the light of paragraph Nos.5 and 6
of the order dated 02.09.2021 which read as under :
"5. The Government Resolution dated 02.07.2021 may not
be applicable to the petitioners. The petitioners have passed the
examination in February 2020 and are eligible for the class
improvement examination. The petitioners are accorded the
benefit of the said. Their attempt would be considered as a first
attempt. The petitioners cannot claim to be at par with those
students who have been given benefit of the Government
Resolution dated 02.07.2021. The said aspect is also considered
by the Division Bench of this Court at Nagpur in Writ Petition
No. 2708 of 2021 (supra)."
"6. Miss. Mahajan, learned counsel submits that taking into
account the predicament of many students, the Board would
endeavour to declare the result of the examination to be
conducted in September 2021 as early as possible."
She further submits that even in the affidavit-in-reply
filed in Writ Petition No.8938 of 2021, no such concession was
given by the Board.
7. We, therefore, called upon the learned advocate for the
Board to take instructions and file an affidavit by tomorrow i.e.
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01.03.2022 to take a clear stand as regards paragraph Nos.3, 5
and 6 reproduced above.
8. Taking into account the urgency expressed by the
learned advocate for the petitioners as regards the practical
exams that may take place tomorrow or the day-after-
tomorrow and the written exams to be held on 04.03.2022, we
are listing this petition on 01.03.2022 at 4.30 p.m.
9. Call for the case papers in Writ Petition No.8938 of 2021
along with this petition.
10. Stand over to 01.03.2022 at 4.30 p.m.
(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
...
vmk/-
