ASHUTOSH ROUT Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) With the consent of the parties, writ petition is taken up for disposal. The petitioner has filed this writ petition seeking a writ of mandamus or appropriate directions, requiring the respondents to provide admission to the petitioner in the school.

(2.) The facts in so far as relevant may be briefly noted. the petitioner who is physically handicapped with 70% disability, as a result of post polio paralysis, was a student in Claee XI of the school. Petitioner failed in the annual examination, securing 17.2%. Learned counsel for both the parties point out that on compassionate grounds and at the request of the counsel for the petitioner, the college offered to give another chance to the petitioner, to improve his petition after the summer vacation. The school held another examination for the petitioner for Class XI. Unfortunately the petitioner could hardly improve his percentage and failed again in all the subjects scouring 19.3% marks. The respondent's counsel has brought the answer sheets in the Court today to demonstrate that these have been properly checked. Anyway this issue has not been raised and need not detain us. The grievance of the learned counsel for the petitioner is that he is not being permitted to repeat class XI in school. The petitioner who was having Hindi as a subject is no longer being offered the same subject.

(3.) Mr.K.R.Chawla counsel for the respondent submits that there were hardly any students in the school opting for Hindi subject. As such Hindi, has been deleted as a subject in the school. In the alternative, the school has offered the choice of Physical Education or Mathematics to the petitioner. Counsel for the petitioner submits that physical education in his case is ruled out on account of disability. The only option was Mathematics. Counsel for the petitioner had earlier sought time to obtain instructions whether the petitioner would take Mathematics as subject. It may be noted that the petitioner had studied Mathematics upto Class 10th. Counsel for the petitioner states that petitioner is not willing to accept the same as a subject as he is not comfortable with the same. Counsel for the petitioner refers to Rule 138 of Delhi School Education Rules which contains a prohibition on to the school from denying admission to students who fail in the same class. Considering the facts of this case, in my view, Rule 138, cannot advance petitioners case. This in substance is not a case where the petitioner is being denied readmission. The respondent school has gone out of its way firstly to accommodate the student by re-examining him. Besides, petitioner has been given the option to take Mathematics or Physical Education in lieu of Hindi, which has been discontinued in the school. Petitioner declines to avail of the option insist on Hindi being offered. Not only this, respondent School had indicated its willingness to issue a character and a transfer certificate to enable the petitioner to seek admission elsewhere. Petitioner, however, insists on being permitted to repeat Class XI with Hindi as one of the subjects. In these circumstances, in my view, no writ of mandamus can be issued to the respondent School for re-admitting student and continue Hindi as a subject, which has been discontinued.