PROF DR S ANANDALAKSHMY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed as Public Interest Litigation, seeking Writ of Mandamus against the respondents, which are all the Schools affiliated to Central Board of Secondary Education (in short, "CBSE"), to implement the direction of the Supreme Court in Principal, Cambridge School vs. Payal Gupta reported in 1995 (5) SCC 512, to ensure that all students of class X are admitted to class XI in the same School.

(2.) AFTER giving notice by this Court, the Government of India as well as the CBSE and some of the Schools affiliated to CBSE, particularly D.A.V. Boys Senior Secondary School, Gopalapuram, D.A.V. Girls Senior Secondary School, Gopalapuram, D.A.V. Senior Secondary School, Mogappair, P.S. Senior Secondary School, Mylapore, Padma Seshadri Bala Bhavan, Nungambakkam and Padma Seshadri Bala Bhavan, K.K. Nagar have appeared through their counsel. Students 27 in number, who have not been admitted in the same School where they have studied their X Standard have also got impleaded themselves in the writ petition.

(3.) IT is made clear that as concluded by the Supreme Court in 1995 (5) SCC 572 (cited supra), the students who have studied X Standard in the School are entitled to continue their XI Standard studies without any fresh selection process. The CBSE Board has also made it very clear that the CBSE instructions in the circular issued by it on 30.03.2006 are on the same line. We direct all the CBSE schools in the State of Tamil Nadu to scrupulously follow the circular issued by CBSE from the academic year 2008-2009 onwards in respect of admission of students from X Standard to XI Standard by following the criteria and norms as stated below. (a) Admission of a student from class X to class XI within the same school should not be treated as a fresh admission but only as continuation of the original admission done in that school. So issuing transfer certificate to class X students within the same school and readmitting them to class XI is against the rules. (b) All the students of the same school who have qualified in class X Board examination should be offered admission in class XI as far as possible subject to the availability of seats. Students from other schools may be considered for admission after accommodating the students of their own school. (c) Every student cannot be given his or her choice of subjects because of the various limitations such as number of seats available, number of sections in class XI etc. However, the choice of students along with their performance in class X Board examination should be considered for allotment of different subjects. (d) No admission test should be conducted by schools for their own students. After admitting their own students if there are still vacancies, they may be filled either on the basis of the class X Board examinations or by conducting an admission test for the students who are from other schools. (e) No school should prescribe any cut off marks for admission to class XI or for allotment of subjects." The writ petition is closed with the above directions. No costs.