MP Board's Regulation Mandating Students To Opt Same 'Main Subject' In Classes XI And XII Has No Retrospective Application: High Court
1 year, 1 month ago

MP Board's Regulation Mandating Students To Opt Same 'Main Subject' In Classes XI And XII Has No Retrospective Application: High Court

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While allowing a student to appear for examinations in the Biology stream of Class XII instead of Mathematics, Madhya Pradesh has held that MP Board of Secondary Education's Circular mandating the opting of the same stream as Class XI in Class XII has no retrospective application. “…If the facts of the case are tested on the anvil of the aforesaid dictum of the Supreme Court, it makes it more than clear that the respondents have tried to apply the Regulations issued on 28/06/2023, In such circumstances, when the aforesaid Regulation 14 itself cannot be applied in the case of the petitioner, the respondents cannot compel her to opt for Mathematics subject only with which was her subject in Class 11th”, the single judge bench of Justice Subodh Abhyankar observed. Moreover, the court added that there were reasonable doubts about the allegation levelled by the respondent authorities that the concerned student herself had already opted for Mathematics instead of Biology as the main subject in the admission form for Class XII. “…the Guidelines issued by the respondent on 28/06/2023 shall be applicable prospectively and would not be applicable in the case of the petitioner, and secondly, the petitioner is also held to have taken admission in the respondent No.6 School in Biology stream and is entitled to appear in the examination for Class 12th for the said stream”, the court clarified while allowing the petition.

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