PROPRIETARY HIGH SCHOOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have before us a batch of 10 applications three of which are he school managements and the rest by students seeking admission to the XIth standard in the science stream. The fourth and fifth of these applications are by students of the institutions which are the petitioners in the second and third petitions respectively. These petitions arise by reason of a circular issued by the Education Department of the Government concerning admission to the science stream of the XIth standard for the academic year 1984 Even previously norms for such admission had been set to which we will refer in due course. The norm set for the current academic year have caused these petitions at the instance of three managements of schools in Ahmedabad city who complain that the circular infringes their right by reason of the direction to admit 20% of the students in standard XI in their schools from among students outside their own institutions. The students who are petitioners in fourth fifth and sixth petitions evidently support the stand of these institutions. They are students of the institutions where there is XIth standard to which standard they seek admission and they feel that had there been no diversion of the 20% of the scats to students outside their own institutions they would have obtained admission in their own institutions. There is another set of students represented by petitioners in the seventh and eighth petitions both of whom are students form outside Ahmedabad city seeking admission to schools in Ahmedabad city. According to them merit on excellence should be the criterion for admission without any limitation on the number of seats to be reserved in any institution for students passing out of that institution. The petitioner in the seventh petition SCA No. 3357/84 claims to have obtained academic distinction by securing 76.16% marks on the average and the student in the eighth petition SCA No. 3425/84 similarly claims that he had obtained 78% of the marks. Nevertheless in the present state on things they are unable to get admission anywhere for the XIth standard in the science stream. The two other petitioners viz. ninth and tenth are by students belonging to the scheduled caste. Their complaint is that while the Government has been exercising itself to make reservations for students in institutions where there is no XIth standard they have forgotten the case of scheduled castes and scheduled tribes and no arrangement for reservation has been made to them he the impugned circular. They sponsor the case of other backward classes also who also according to them have been ignored in the matter on reservation.

(2.) I may be necessary to effect in brief to the background of the circular issued by the Government on 23-4-1984 which circular is under challenge by the school managements in these cases.

(3.) By the year 1976 the national policy formulated on the basis of Kothari Commission of adopting on 10 plus 2 plus 3 pattern of education was implemented in Gujarat. It was to be effective from the academic year commencing in June 1976 The new policy necessitated the introduction of S.S.C. examination at the terminal stage in the 10th standard for the first time in the March 1976 examinations. Consequent upon this the higher secondary examination at the end on the XIIth year was held in March 1978. The Gujarat Secondary Education Act 1972 governs secondary education in the State and there is a Secondary Education Board constituted under this Act. Though higher secondary education was produced in the State by 1976 so far no legislation on higher secondary education has been made by the Government and it is this vacuum which has in essence led to series of petitions to this Court from year to year. The higher secondary examinations are also being conducted by the Gujarat Secondary Education Board.