BHUPALI SABHARWAL Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The petitioner, who is a minor, has approach this court through her natural guardian and father Shri Devender Sabharwal. The petitioner is aggrieved by that fact that her name has been struck off the rolls of Class XI of Shaheed Amir Chand Government Sarvodya Vidyalaya, Sham Nath Marg (Ludlow Castle) Delhi. The impugned communication dated 27.07.2006 informed the petitioner that her name had been struck off from the rolls of class XI of the said school as she had not obtained at least 55 % marks in the aggregate which was necessary for grant of admission to students who had passed class X from the National Institute of Open Schooling (NIOS).

(2.) There is some controversy with regard to the fact as to whether the petitioner had been granted admission provisionally or on a regular basis. However, we need not to go into this issue because the main question is whether the petitioner was eligible for admission to class XI of the said school on the basis of admitted facts or not. It is an admitted position that the petitioner passed class X examination from the NIOS. It is also an admitted position that she appeared in the said examination in the following subjects :- Hindi, English, Social Science, Science and Home Science. It is also an admitted position that in the aggregate she got 37.8% marks.

(3.) The learned counsel for the respondents referred to the circular dated 19.08.2004 issued by the Directorate of Education which, according to them as per the affidavit of Mr S. K. Saraswat, Deputy Education Officer, Zone VII, District North filed on 20.04.2007, governs the admission of students from NIOS to class XI of schools run by the government of NCT of Delhi. The said circular reads as under :