JAYANT PATEL, J. ( 1 ) ). Ms. Manisha Shah learned AGP waives service of notice of Rule on behalf of the respondent Government. ( 2 ) WITH the consent of the parties, the matter is taken up for final hearing today. ( 3 ) THIS petition was heard with SCA No. 7189 of 2002 and since the contentions of the learned counsel appearing for the petitioner as well as the learned AGP appearing for the respondent-Government are common elaborate reasons are not required to be stated so far as the common facts and questions of law are concerned and therefore, they are not repeated for the reasons recorded in the judgment delivered by this court in SCA No. 7189 of 2002. ( 4 ) BUT the distinguishing feature in this petition is that the petitioner had passed 12th standard HSC science examination in April/may 2001 and secured 46% marks. It appears that the petitioner thereafter applied for HSC examination general stream and passed the said HSC examination in April/may 2001 and secured 78. 33% marks. The petitioner applied for admission in PTC course in the year 2002-2003 on the basis of HSC examination general stream. The respondents declined to consider the case of the petitioner for admission since the petitioner was holding double qualifications viz. that the petitioner had passed 12th standard HSC examination science stream and 12th standard HSC examination general stream. It is the case of the respondents that before getting admission to HSC examination general stream, it was necessary for petitioner to declare and surrender the mark sheet of 12th standard HSC examination science stream and the same has not been done and it is submitted that the same is in contravention of the eligibility criteria. It is also submitted that Regulation 20 clause 3 of the Higher Secondary Certificate Examination Regulations 1977 inter alia provides that a mark sheet is required to be surrendered which has not been done in the present case and since the mark sheet is not surrendered the certificate issued of the 12th standard HSC general stream, cannot be said to be valid or in any case makes the petitioner is not eligible to apply for PTC course. Affidavit in reply is also filed by the respondents containing the aforesaid aspect. Affidavit in reply is also filed by the respondents containing the aforesaid aspect. ( 5 ) IN view of the above rival contentions of both the sides, one fact is clear that the mark sheet issued by the Gujarat Higher Secondary Examination Board of 12th standard HSC examination general stream is , till today, not cancelled. The respondent is not the authority who has power to decide whether the mark sheet issued of 12th standard HSC examination general stream is a legal and valid mark sheet or can be cancelled or not. It is the case of the petitioner that all full disclosures were made and thereafter the petitioner has undergone the study for two years and thereafter the valid mark sheet is issued and therefore, the respondent authority is not justified in ignoring the effect of the mark sheet issued by the Gujarat State Higher Secondary Examination Board. So long as this mark sheet is either not cancelled or modified, it is obligatory upon the respondent authority to consider the same for the purpose of considering the case of the petitioner in granting admission in PTC course. At the same time since the Gujarat State Higher Secondary Examination Board has not taken any steps as to whether this mark sheet should be cancelled or not, I am not expressing any final view as to whether it was mandatory for the petitioner to surrender the mark sheet of 12th standard HSC examination science stream at the relevant time when he was granted admission to the HSC general stream and the said question is kept open. ( 6 ) IN view of the above discussion the petition is allowed to the extent by directing the respondents to consider the case of the petitioner for granting admission in PTC course general stream on the basis of mark sheet issued by the Gujarat State Higher Secondary Examination Board for the HSC examination general stream. However, it is clarified that this court has not examined the question of cancellation of the mark sheet and it will be open to the concerned authority to take steps in accordance with law if otherwise permissible. The petition stands allowed to that extent only. Rule is made absolute to the aforesaid extent. No order as to costs. Direct Service. .