HENA FARHEEN Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. By means of this petition, the petitioner has assailed the order dated 20th July, 2006 passed by the Principal, St. Anthony Girls Inter College, Allahabad whereby she was declined admission to 11th standard with Bio-group i. e. physics, Chemistry and Biology.

(2.) THE facts draped in brevity are that the petitioner has been a student of St. Anthony Girls Inter College and she passed her High School in the year 2006. THE subjects choice-drawn by her in the High School were Hindi, English, Home Science, Science, Social Science, and Drawing. Having obtained first division in the High School, the petitioner opted for subjects of Bio-group in the Intermediate i. e. Physics, Chemistry and Biology and in this connection, she also made a representation to the Principal of the college but she was denied the opted subjects on the premises that she had not passed High School with Math as a subject and since physics necessitated studies of Math, she would not be able to cope with the strain involved in Physics as a subject. Aggrieved by the order, the present petition has come to be instituted.

(3.) ON being confronted with the above elucidation made by learned Standing Counsel, the learned Counsel for the Opp. Party switched to emphasize that the college had taken a policy decision that those opting for subjects in any group of science stream, must have studied mathematics in High School and the Institution had been adhering to its policy decision for quite long time and has not deviated from its policy decision in any circumstance nor any student who had not studied mathematics in High School has ever been assigned any subjects in science stream in the Intermediate. The learned Counsel also assailed the order of the District Inspector of Schools relied upon by the Standing Counsel stating that this letter cannot be treated as a mandate further urging that it is not worthy of any credence being one militating against policy decision of the college. The learned Counsel heavily relied upon T. A. M. Pai case urging that the college being minority institution its autonomy has been guaranteed by the aforesaid decision.