KANIKA AGGARWAL Vs. N C T OF DELHI

JUDGEMENT

(1.) Rule.

(2.) With the consent of the parties, the matter is taken up today for hearing.

(3.) This writ petition under Article 226 of the Constitution of India seeks the petitioner's admission to the 11th Standard in Science Stream (Non-Medical) in the Respondent No-3-School from which School she passed out from Class X. The petitioner's case arises from the refusal of the respondent No.3, the Principal of St. Mark's School to grant admission to the petitioner to Science Stream (Non-Medical). The petitioner was instead offered admission in Commerce Stream. The petitioner has challenged this refusal on the ground that in spite of securing 62.6% per cent marks in Class X she was not given admission. It is also averred that while there is no clear cut guidance in the Delhi Schools Education Act, 1974(hereinafter 'referred to as 'the Act') and Rules to cover admissions to Science, Commerce and Arts (Streams) respondent Nos.1 & 2, i.e., Govt. of Delhi & Directorate of Education had issued instructions which stipulated that ail students securing more than 60% in Class X are entitled to be admitted to the Science Stream. However, no such instruction was produced and in fact the petitioner did not press this plea during arguments. The petitioner contended that she has secured more marks than those students admitted by respondent No.3 to the Science Stream. The respondents 3 & 4 denied these averments and contended that to accommodate 284 students who appeared in the Class X in Class XI and in accordance with the available resources of the School, a criteria was adopted of 68% cut off percentage in English, Mathematics & Science with relaxation only for wards of the employees of the School. It was further submitted that even though in the previous year there were only 2 science sections in Class XI, this year 3 Science sections were created to accommodate as many students as the resources of the School permitted, i.e., 121 students keeping in mind the infrastructure involved in setting up Science Sections which require laboratory facilities. There were 22 other students who were denied admission to Science stream and were placed higher in merit than the petitioner according to the criteria adopted by the respondent Nos.3 & 4.