RAJVIRSINH K RATHOD Vs. PRINCIPAL D M PATEL

JUDGEMENT

(1.) Rule in this case was issued on 21.6.99 after notice to the respondents. Since the matter relates to the admission of students in 11th Standard and the academic session has already started, the matter was taken up for final hearing right today. The affidavit in-reply dt.9.7.99 has been filed on behalf of respondents Nos.2 and 3 under the signatures of the District Education Officer, District Sabarkantha, Himatnagar. Affidavit-in-rejoinder dt.13.7.99 thereto has been filed. No one has appeared on behalf of respondent No.1 and no reply has been filed by respondent No.1 i.e. concerned School.

(2.) The petitioners herein seven in number were studying in Shri 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 they appeared in the public examination of 10th standard held by the Gujarat Secondary Education Board in 1999 and have passed the same Examination. They are desirous of continuing their studies in the same School for 11th and 12th Standard and it is the common case of the parties that in this School there is Science stream also and they wanted to study in the Science stream. Petitioners have come with the case that they are not likely to get admission in this School as a policy decision had been taken to stop admission at 86% in the Science stream and whereas the petitioners have obtained percentage of marks lesser than 86%. These students, except petitioner No.3 i.e. Dhawalsinh Pandya, have been studying in the said School since 5th standard. It is also the case of the petitioners that the respondent School has 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 is also the case of the petitioners that respondent No.3 i.e. Higher Education Department had taken a decision that over and above 60 students in each class, only six more students will be accommodated, meaning thereby that 60+6 = 66 students can be accommodated while in the said School there are 2 sections and, therefore, 132 students can be accommodated. But even this power of increasing number of students by 6 per session is not exercised and there is scope for admission of 120 candidates only in the said School in the Science stream in 11th Standard.

(3.) In the affidavit-in-reply, which has been filed on behalf of respondents Nos.2 and 3 through the District Education Officer, it has been held out that a policy decision has been taken by the State of Gujarat and a Circular/Resolution dt.6.11.85 had been issued and it is given out that this Circular/Resolution was issued on the basis of certain orders passed by this Court. A reference has been made to Special Civil Application No.3252/84, Special Civil Application No.3336/84 and Special Civil Application No.3308/84 alongwith other matters. The respondents have taken the stand that in the State there are certain Schools which do not have Science stream and that the actual option for the student is available only from 11th Standard and, therefore, the students of those Schools, in which the education is available only upto 10th Standard and/or the Schools wherein the education is imparted upto 12th Standard but there is no Science Stream in those Schools and the students passing 10th Standard from such Schools i.e. where there is no further education for 11th and 12th Standard or where the students of 11th and 12th Standards were there but Science Stream are not available, are also to be considered and such boys of other schools, if they have a higher percentage of marks, they have to be given preference over the students of the Schools and it was for these reasons that the aforesaid Circular was issued and a decision was taken to put the maximum limit of 70% seats on the basis of merit from amongst the students who have applied in the very same school and 30% seats are reserved for other Schools from the total number of seats and further that reservation for the other backwards class and Scheduled Caste and Scheduled Tribe are also to be kept in view. In this background, the bifurcation of the seats of one School has been made as under:-