DAVIAN PARENTS ASSOCIATION, BHUBANESWAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER No.1, who is the parents' Association of the students of DAV Public School and petitioner No.2 is a student of Class X of DAV Public School, Unit -VIII, Bhubaneswar, have filed the present writ petition assailing the stipulations made in the notice dated 27.8.2011 and 1.02.2012 under Annexure -1 and 2 respectively issued by the DAV Public School, Unit -VIII, Opp. party No.4 fixing the cut -off mark for taking admission in Class -XI by the students of the said school who have appeared the Class -X C.B.S.E. Examination, 2012.

(2.) THE short facts of the case are that the wards of the members of the petitioner No.1 -association have been prosecuting their studies in the D.A.V. Public School, Unit -VIII, Bhubaneswar, which is affiliated to the Central Board of Secondary Education. The grievance of the petitioner No.1 - association is that while the students of Class -X are going to appear at the CBSE Examination, 2012 in the month of March, 2012, the Impugned notice dated 27.8.2011 has been published by opposite party No.4 stipulating the eligibility criteria for taking admission in Standard XI during the academic session 2012 -13. The criteria are as follows:

(3.) MR . T. Pattnaik, learned counsel appearing for the CBSE, opposite party No.2 submitted that the CBSE has issued guidelines on 29.7.2009 taking into consideration that +2 course is crucial and turning point of the career of a student and the same depends on the higher studies and bright future of. a student and specifically has given instruction to its affiliated schools regarding admission of its own students so that the students will not be harassed or prohibited to take admission in Class XI keeping in view the psychology of the students and uncertainty of admission in Class XI in the same school, where they have studied upto Class X.