RAMESH CH. BHUYAN Vs. THE STATE, REPRESENTED THROUGH ITS SECRETARY TO GOVERNMENT, SECONDARY EDUCATION AND ORS.

JUDGEMENT

(1.) THE Petitioner has filed this writ petition for a direction to the Principal, New Stewart School, Cuttack (opposite party No. 3) to allow admission of his son and daughter in Standard IX of his school during the current academic session.

(2.) THE Petitioner's case is that after coming to know that some seats are lying vacant in Standard -IX of New Stewart School, Cuttack, he applied, to the Principal of that school for getting his son Sidharth Bhuyan and daughter= Prachi Pratikshya Bhuyan admitted in Standard -IX of the said school on getting them transferred from Woodlands School, Cuttack, where they were reading and were promoted to Standard -IX and Standard -X respectively. An entrance test was accordingly conducted by the Principal in which they came out successful. Thereafter the Principal (opposite party No. 3) required the Petitioner to submit the pupils' progress reports in support of the proof that they have been promoted to Standard -IX in Woodlands School and the Transfer Certificates duly countersigned by the competent authority, Petitioner thereafter requested the Principal in writing on 14 -5 -1990 (Annexure -5) to let him know as to when the documents etc. were to be submitted and how much fees were to be deposited. The Principal informed the Petitioner that clearance in the matter of admission would be obtained from the Council for the Indian School Certificate Examination. New Delhi (herein after referred to as 'the Council') - opposite party No. 2. The Council in its letter dated 21 -5 -1998 (Annexure -3) addressed to the Principal granted permission to the concerned students for admission to Class -IX of New Stewart School for the academic session 1998 -99 subject to production of Class -VIII Annual Promotion Report Cards and Transfer Certificates duly countersigned by the competent authority. The Principal on 2 -6 -1998 transmitted the xerox copy of the aforesaid letter of the Council to the Petitioner requiring him to submit the Annual Promotion Report Cards of the concerned students and the Transfer Certificates countersigned by the competent authority. So far as the competent authority to countersign the Transfer Certificate was concerned, the Deputy Director (Hindi. Sanskrit and Special Education) in his letter dated 28 -7 -1998 (Annexure -4) on the representation made by the Petitioner instructed to the Inspector of Schools, Cuttack Circle, Cuttack that under Rule -249 of the Education Manual, he is the competent authority to countersign the Transfer Certificates issued by the English Medium Schools. The Petitioner got the Transfer Certificates duly countersigned by the concerned Inspector of Schools and -after getting the Annual Progress Reports from Woodlands school submitted the same to the Principal on 30 -7 -1998. Although the Petitioner duly complied with all the requirements indicated in the letter dated 21 -5 -1998 of the Council, the Principal did not intimate any decision in the matter despite repeated requests made to him by the Petitioner. The Council all on a sudden in its letter dated 11 -8 -1998 (Annexure -C/7) informed the Principal that since Woodland school, Cuttack, from which the Petitioner's son (Sidharth Bhuyan) and daughter (Prachi Pratikshya Bhuyan) passed Class -VIII is an unregistered institution, no permission can be accorded to be admitted to Class -IX of New Stewart School, which is a school affiliated to the Council.

(3.) THERE is no dispute that the Woodlands School in which the Petitioner's son and daughter were reading and were promoted to Standard -IX and X respectively is neither recognised by nor affiliated to the Council. To our specific query whether the Council has any Regulation or Rule prohibiting admission of students from an unrecognised or unaffiliated school to a recognised or affiliated institution on transfer. Shri Panda appearing for the Council submitted that although there is no such prohibition under the Regulations framed by the Council, no such admission is permissible in a recognised and affiliated institution without taking permission/clearance from the Council. According to him, granting of permission/clearance to students of an unrecognised or unaffiliated school to take admission in an affiliated institution rests completely on the discretion at the Council. He submitted that Council will be justified in refusing permission if the relevant Regulations are not complied with or the conditions mentioned therein are not fulfilled. With regard to Petitioner's case, he contended that permission was refused as communicated in letter dated 11 -8 -1998 (Annexure -C/7) because of non -compliance of Paragraph -B of Chapter -I of the Regulations of the Council and Para -10 of Chapter I of the Guidelines for Affiliation framed by the Council. Learned Counsel strenuously urged that this Court in exercise of the writ jurisdiction should not interfere in the matter as it would encourage unrecognised and unaffiliated institution which are otherwise "ill -housed, ill -stocked and ill -equipped" to establish schools at the cost of the standard of education.