BALRAJ VERMA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner's two sons namely Mr. Satpal Verma and Mr. Surinder studied in Dev Samaj Modem School, Nehru Nagar, New Delhi and appeared for class X examination conducted by the CBSE in March, 1997. According to the petitioner Mr. Satpal Verma secured 40% marks and Mr. Surender Verma secured 45% marks. Both of them sought admission in Class XI in the said school but they were refused admission without assigning any reason. Hence, the petitioner represented to respondent No. 1, Director of Education, to direct respondent No. 2, the Principal of Dev Samaj Modern School, to give admission to the petitioner's sons. The said representation was allowed and the delay in seeking admission was condoned by the Director. Earlier the petitioner had also made a representation to the Education Officer Zone-24 Defence Colony and the said representation was forwarded to respondent No. 2 with a request that the case of Mr. Surender Verma who had secured 45% aggregate marks may be considered sympathetically and as per rules. As per Annexure B letter dated 28th July, 1997, of the Secretary to Minister for Heath and Education, Government of National Capital Territory of Delhi, the petitioner was sent by him to respondent No. 2 with a request to consider the case of admission of his sons sympathetically. However, respondent No. 2 did not give admission to the two sons of the petitioner in Class XI for the session 1997-98. Hence the petitioner has filed this writ petition praying for a direction to the respondents admission to the petitioner's two sons in class XI in the school of respondent No. 2 in the 1997-98 session.

(2.) According to the petitioner the denial of admission to his sons is in violation of their fundamental right guaranteed under Article 21 of the Constitution of India. It is further contended that the denial of admission is against Annexure D, press release of the Minister, Ministry of Education, Government of National Capital Territory stating that a student who has passed class X cannot be denied admission in the same school irrespective of the marks obtained by him. It is alleged that respondent No. 2 failed to obey the directions given by the higher authorities.

(3.) Respondent No. 2 has filed a counter affidavit stating that Dev Samaj Modern School is run by Dev Samaj, a society registered under the Societies Registration Act and that the said school is an unaided recognised school. Being an unaided recognised school, the Head of the School is entitled to regulate admissions either on the basis of admission test or on the basis of the result in a particular class or school. Respondent No. 2 relies on Rule 145 of the Delhi School Education Rules which read thus: