KANISHKA PANDEY Vs. SETH ANANDRAM JAIPURIA SCHOOL

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for a direction to the respondents to admit/re-admit the petitioner in Class XI and to pursue studies in Commerce side.

(2.) There appears to be no dispute about the fact that the petitioner was admitted as a student in the respondents' School in Class 1st in the year 1992 and he continued there upto Xth standard. It is said that the petitioner has secured about 70% marks in the ISCE Examinations, 2002. After completion of Xth standard, the petitioner opted Commerce side in higher class and as the respondent's school although happened to be the first choice of the petitioner being reputed College, was not having studies in Commerce side, the petitioner had no option but to obtain transfer certificate from the aforesaid School on 6.7.2002. It is said that it is thereafter, the petitioner came to know that on 19.7.2002, respondents' School obtained permission and recognition to teach Commerce subject as well after ISCE and consequently, the petitioner who secured about 70% marks in ISCE Examination, 2002 applied his re-admission in the parent School. The petitioner claimed that initially an oral assurance was given by the respondents but thereafter, they have refused admission without any lawful justification. It is this action of the respondents which has made the petitioner aggrieved to come up to this Court.

(3.) Learned Counsel for the petitioner submits that the petitioner happened to be an old student of respondents' School studying there right from 1992 i.e., Class 1st upto Xth standard and petitioner happened to be meritorious students having secured about 70% marks in ISCE Examination, 2002 besides he is a sportsman bagging medals and Certificates, the respondents have acted in arbitrary manner in refusing admission to petitioner in Class Xlth in Commerce subject. It is further submitted that the petitioner got his Transfer Certificate from the School for the reason that there was no Commerce studies but as soon as he came to know about the permission for Commerce studies, well in time, i.e., before taking admission of the students and filling of seats, the petitioner applied for his re-admission in Class Xlth and therefore, the petitioner has every right to be admitted and to continue his studies of Class Xlth and Xllth. In support of the contention, that in the event the petitioner has studied in a particular College right from 1st standard, the student is to be permitted to continue till last class in the said College/School, irrespective of percentage of marks which a student might have secured in any Lower Class, reliance has been placed on a decision given by Apex Court in the case of The Principal, Cambridge School v. M/s. Payal Gupta and Ors., JT 1995 SC 101.