MASTER JITENDER SHARMA PETITIONER Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE short question which requires consideration is whether the denial to the writ petitioner to prosecute the subject Mathematics in Class XI in the Kendriya Vidyalaya, Aizawl by the Kendriya Vidyalaya Sangathan (the respondent authorities) is violative of legal or fundamental rights of the writ petitioner.

(2.) IN answer to the question it is thought appropriate to put the case of the writ petitioner in short. The writ petitioner Jitender Sharma, son of Deepak Rai Sharma appeared in the Secondary School Examination 2007 under Central Board of Secondary Education and was declared to have passed the said examination by the Controller of the Examinations of the Board. Said Jitender Sharma obtained 68, 62, 44, 65 and 66 marks in the subjects namely, English, Hindi, Mathematics, Science and Technology and Social Studies respectively. The petitioner applied for admission in Class XI of the said school in the stream of Science subject with Mathematics. But to his surprise, he was admitted in Class XI in Science stream without Mathematics. Being deprived of the subject as aforesaid, his father made several representations before the appropriate authorities including the Principal of the School requesting them to allow Mathematics subject to his son since his son is interested in the subject and has ambition to commence his career as an engineer. Further the writ petitioner also had proficiency in sports pertaining to various sports both Regional and inter District. On 16th August 2007, the writ petitioner's father also submitted an application to respondent No. 5, who in turn, forwarded the said application to respondent No. 3 with recommendation for consideration of the petitioner's case in the context of allotment of the subject mathematics which, however, did not yield any result from the appropriate authority. The Admission Guidelines of Kendriya Vidyalaya which regulates the admission in the Vidyalaya of the Academic Session 2007-2008 also speaks in respect of admission to Class XI in the science stream with Mathematics. For the purpose of registration of eligible students where a number of eligible children are less than 40, a minimum of 52% in Science and Mathematics, (a minimum of 57% of Science and Mathematics) taken together and a minimum of 52% aggregate in all subjects have been provided. In view of the guidelines above, it is contended in the writ petition that the writ petitioner, having secured 61% marks in aggregate in of all subjects, the concerned respondent authority ought to have offered the subject Mathematics to the writ petitioner. There are all total 40 seats in Class XI in Science stream with Mathematics in the Kendriya Vidyalaya, Aizawl, out of which only 34 seats were filled up and 6 seats are still lying vacant due to non-availability of eligible students. The respondent authorities, in spite of such existing vacancies in Class XI could have accommodated the writ petitioner since he fulfilled the norms of the guidelines as formulated by the Kendriya Vidyalaya Sangathan.

(3.) THE petitioner, having considered his future prospect and career, filed this writ petition seeking for an appropriate writ or direction to the respondent authorities to offer the subject Mathematics to him under CBSE in Class XI and Class XII.