JAWAHAR NAVODAYA VIDYALAYA Vs. VARSHA SHAKYA

JUDGEMENT

(1.) THE appellant has filed this appeal against the order dt. 24-9-2012 passed by the learned Single Judge in W.P.No. 5090/2012.

(2.) THE respondent No. 1 was the student of Jawahar Navodaya Vidyalaya, Jaida, Sheopur. She appeared in Class X examination for the session 2010-12 and secured CGPA of 6.8 amounting to 68% in total. Respondent No. 1 made a request to the authorities of the school that she be permitted to continue her studies in Class XI with Science, Bio stream. However, the school authorities advised respondent No. 1 that it was not possible to grant admission to her in Science Bio stream because she could not get required percentage of marks and the authorities advised her that she can pursue her study from Arts stream at Jawahar Navodaya Vidyalaya, Rajgarh. The authorities further submitted that the minimum prescribed grade points for Science stream were 7 grade points in Science in Class X examination. When she was not granted admission in Science stream at Jawahar Navodaya Vidyalaya Jaida, Sheopur, she filed a writ petition before this court.

(3.) LEARNED senior counsel appearing on behalf of the appellant contended that the order passed by the learned Single Judge is contrary to law. There are limited seats available in Jawahar Navodaya Vidyalaya Jaida, Sheopur in Class XI and as per merit list the respondent No. 1 could not get admission in the aforesaid stream. Hence, she has been offered admission in Arts stream in another Navodaya Vidyalaya. Learned, senior counsel further submitted that the learned Single Judge has wrongly relied on the judgment of the Hon'ble Supreme Court in the case of Saurabh Chaudhary (supra).