EKTA AGGARWAL Vs. ST XAVIER SCHOOL

JUDGEMENT

(1.) The writ petition raises an important issue about the right of the student who has passed the class 10th Board exams of the Central Board of Secondary Education to change his subjects of study on the basis of the performance in the said Board exams.

(2.) The factual matrix in the present case is limited. The petitioner is the student of respondent No.1/School. In terms of the practice of respondent No.1/School, a letter was circulated to the parents of the students on 18.12.2002 asking the parents/guardians to choose the stream for their wards according to his/her aptitude and interest. Two preferences were required to be given and the allotment of preference was dependent upon the availability of the number of seats. Minimum percentage of marks are prescribed for being eligible to take a particular stream. The last date for receipt of such option was 24.2.2003.

(3.) In the case of the petitioner her father filled in the form and gave the first preference as Science stream without medical and the second preference as Science stream with the medical. It may be noticed that there is no date prescribed for change of this option though the letter is issued two months in advance. It appears that there was a second thought in the mind of the petitioner and on 31.03.03 the father of the petitioner met the Principal of the respondent No.1/School with request for change of preference to the medical stream which was the second preference. It is stated that thereafter the father of the petitioner was asked to visit the School on 4.4.03, since the classes had to start on 1.4.03, but on that date the request was declined. The formal letter was sent on 8.4.03 bringing all the aforesaid facts to light and stating that the petitioner should be given the medical stream.