MASTER ANKIT KUMAR Vs. SUMMER FIELDS SCHOOL

JUDGEMENT

(1.) The petitioners in both the petitions are aggrieved from the refusal of the Schools from which they have passed the Class X examination, to allot the Science stream to the petitioners in Class XI and seek a mandamus to the respondent Schools to allot the Science subject / stream to them. Both the petitioners failed to meet the eligibility criteria laid down by the respective Schools for admission to the Science stream. Notices of the petitions were issued on the basis of contention that the Supreme Court in Principal, Kendriya Vidyalaya Vs. Saurabh Chaudhary AIR 2009 SC 608 in para 17 of the judgment had observed that preference in favour of the schools own student has to be assumed and has been provided expressly as per judgment in The Principal, Cambridge School Vs. Payal Gupta (1995) 5 SCC 512. It was the contention of the counsel for the petitioners that the Schools having admitted external students i.e. students who had not passed their Class X examination from the School to the Science stream, were required to first give preference to their own students for the stream / subject of their choice and the same could be offered to the external students only if any seats remained vacant. Though originally CBSE was not impleaded as a respondent, was impleaded as a respondent. Counter affidavits have been filed on behalf of the Schools, Directorate of Education as well as the CBSE.

(2.) The Directorate of Education in its counter affidavit has pleaded that the Schools in the present case being unaided recognized private Schools, as per the judgment of the Apex Court in T.M.A. Pai Foundation Vs. State of Karnataka (2002) 8 SCC 481, are entitled to maximum autonomy in management of administration including the right of appointment, disciplinary powers, admission of students and the fees to be charged; that the petitioners having not met the criteria fixed by the Schools for admission to the Science stream, cannot claim a right to admission to the said stream.

(3.) The counsel for the CBSE though has not filed any counter affidavit but has contended that the CBSE has no role to play in the criteria to be fixed for allotment of various streams / subjects in Class XI and the Schools are free to lay down their own criteria. Reference in this regard is also made to the Circular No.24 dated 28th May, 2010 of the CBSE annexed to the counter affidavit of the School in WP(C) No.4610/2010.