AMITOJ SINGH Vs. SARDAR PATEL VIDYALAYA

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for the following direction:-

(2.) It is the case of the petitioner that the respondent no. 1 has refused to allow the petitioner to opt for Mathematics as one of the main subject only on the ground that he has obtained only 73 marks out of 100 in Class 10th Board Examination. The petitioner contends that the school has arbitrarily fixed cut-off of 75 marks in Mathematics for allowing the students to opt for the same as a main subject in Class 11th. The petitioner further contends that the respondent no. 1 has admitted the petitioner to Class 11th in 'Commerce Without Maths' stream which would hamper his future career prospect as the petitioner would be deprived of studying his choice of subjects in Graduation as Mathematics is mandatory for a large number of Commerce and Economics related subjects.

(3.) The learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in Principal, Cambridge School and Another v. Ms. Payal Gupta and Other, 1996 AIR(SC) 118 to contend that Rule 145 of the Delhi School Education Rules, 1973 (hereinafter referred to as the 'Rules') do not allow for prescribing a cut-off level of marks for continuance of further studies in higher class in the same school by the student who passes a Public Examination. He submits that equally, the school cannot prescribe a cut-off level for allowing the student to pursue his studies in the higher class for a particular stream of subject.