LAWS(MPH)-2013-7-271

PRAVEEN RULE Vs. CENTRAL BOARD OF SECONDARY EDUCATION

Decided On July 05, 2013
Praveen Rule Appellant
V/S
CENTRAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) On the strength of decisions in Shri Anandi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust v. V. R. Rudani, 1989 AIR(SC) 1607, Rajendra Rathor v. M.P. Stock Exchange, Indore, 2000 3 MPLJ 207 and Anand Kumar Dubey v. Jabalpur Co-operative Milk Producers Union Ltd., 2013 3 MPHT 32 and the contention that the private education institution, respondent no.2, owe a public duty to grant admission and allot choice subject in Class 11th, the petitioner has filed this petition seeking direction to respondent no.2 to grant admission to his son in Class 11th Mathematics.

(2.) In K. Krishnamacharyulu v. Sri Venkateswara Hindu College of Engineering, 1997 3 SCC 571, it has been held as under -

(3.) Thus, element of public interest must exist before a writ petition under Article 226 of the Constitution of India directed against the action of private school is being filed. In the case at hand, the petitioner having failed to establish an element of public interest in a student claiming admission in particular stream when he does not qualify for the same by the standard laid by the said institution.