ISMAT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was studying in Class VIII in Chandigarh as a regular student in the year 2011. The real brother of the father of the petitioner, living in United States of America (USA), suffered acute heart problem and was advised an emergency surgery. He was admitted in John Muir Medical Center, 2540 East St., Concord, CA, USA but there was no family member at his side at that time. Thus, father of the petitioner went to USA along with the petitioner and her minor brother and due to prolonged treatment of the brother of the father of the petitioner, she got admission in class IX in Benjamin N. Cardozo High School at USA as a regular student along with her minor brother. The petitioner secured 90.4% marks in class IX and came back to India on 30.06.2013 with her parents after completion of treatment of her uncle. She approached respondent no.5 for seeking admission in Class X on the basis of certificate issued by her school in USA.

(2.) Respondent no.5 asked her to obtain the certificate from Association of Indian Universities to certify the fact that the education of class IX acquired by the petitioner in USA is equivalent to seeking admission in Class X in a school in India. The Association of Indian Universities observed that "in this connection, we would like to inform you that 12 year High School Diploma awarded by the accredited schools in US and world over has been equated with +2 stage qualification of an Indian Board. Once the higher qualification are recognized the lower one are automatically accepted. Since you are seeking admission in Grade 10 in a school in India, for which you are eligible. The school may provide admission on the basis of marks obtained by you/Admission Test".

(3.) The petitioner then formally applied for admission in Class X in respondent no.5-school who applied to respondent no.3 seeking clarification as to whether they could admit the petitioner in their school as she has not studied Chemistry and Physics in Class IX and also does not have the record of FA's of Class IX. It was also asked that if the answer of respondent no.3 is "Yes", then what is the procedure to be followed. In reference to this letter dated 05.08.2013, respondent no.3 wrote a letter dated 02.09.2013 to respondent no.5 informing that the Competent Authority of the Board has considered their request for admission in respect of the petitioner, subject to the following conditions:-