VARSHA SHAKYA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner, a student has invoked the jurisdiction of this Court through her father for following reliefs:-

(2.) BRIEF facts necessary for adjudication of this matter are as under:-

(3.) THE present case has a unique similarity on facts qua Saurabh Chaudhary (supra). Hence, said judgment will squarely cover the present case. If the student is directed to switch over to other stream, it will have an impact of depriving her from studies in the same school. Accordingly, the Supreme Court disapproved the action. It is further held that if the student was unable to secure minimum cut off marks in class X examination, the school also must share at least some responsibility for the poor performance of the student and should help her for improving upon in next higher class. In this case on account of the fact that in Sheopur there is only one Navodaya Vidyalaya with only one stream, the change of stream will result into expulsion of the student from Sheopur school. Accordingly, by following the ratio in Payal Gupta and Saurabh Chaudhary (supra) I am of the considered opinion that the respondent No.3-Navodaya Vidyalaya Organisation is under a legal obligation to continue the petitioner in Class XI in the stream of science-bio in which she was given provisional admission. Any other view will result into expulsion of the student from the school, which will be contrary to the law laid down by the Supreme Court in the aforesaid judgments. Judgment of Indore Bench in Prachi Bhandari (supra) is based on different facts and circumstances. In the said matter, in the same school another stream was available and school gave consent for the other stream. Hence, said case is distinguishable.