DISTRICT EDUCATION OFFICER HIMMATNAGAR Vs. RAJVIRSINH K RATHOD

JUDGEMENT

(1.) Rule. Heard the learned advocates appearing for parties and with the consent of learned advocates appearing for parties this application is finally disposed of today.

(2.) The District Education Officer and others-appellants-original respondent Nos 2 and 3 in the main petition have filed this Letters Patent Appeal against the judgment and order, dated 13.7.1999/24.8.1999 decided by this court in Special Civil Application No.4183/99 wherein the learned single judge has held that once the school admitted a student, such admission continues class after class until he leaves that school. The admission of the student to the next higher class is not fresh admission or re-admission.

(3.) The facts giving rise to the present appeal are that Mr.Rajvirsinh K.Rathod and others-original petitioners were studying in K.N.Shah Modasa Village High School at Modasa, District Sabarkantha. The said school is a Government aided school. While studying in the aforesaid school the petitioners appeared in the public examination of 10th standard held by the Gujarat Secondary Education Board in the year 1999 and have passed the said examination. They were desirous of continuing their studies in the same school for 11th and 12th standard and is the common case of the parties that in this school there is a Science stream also and they wanted to studying the Science stream. In the petition it was alleged that the petitioners are not likely to get admission in that school as a policy decision had been taken to stop admission at 86% in the Science Stream and whereas the petitioners had obtained percentage of marks lesser than 86%. It was also alleged in the petition that the respondent-School had entertained the applications for admission to the 11th standard in Science stream from the students of other schools also and the result is that they are denied admission to the 11th standard in science stream in the school from which they have passed the 10th standard. It was the case of the petitioners that the respondent No.3 had taken a decision that over and above 60 students in each class, only six more students will be accommodated meaning thereby 66 students can be accommodated while in the said school there are two sections and therefore 132 students can be accommodated. But, even this power of increasing number of students by 6% is not exercised and there is scope for admission of 120 candidates only in the said school in science stream in 11th standard.