PRINCIPAL, MODEL SCHOOL Vs. REKHA DHANKAR

JUDGEMENT

(1.) This revision petition has been preferred against the order of Additional District Judge, Rohtak, passed in Civil Appeal No. 90 dated 12.8.1997 directing the petitioner to admit the respondent in 10+1 class subject to the decision of merits of the suit. The respondent was a student of Model School, Company Bagh, Rohtak in 10th Class. She passed Matriculation Examination and sought to be admitted in 10+1 class in that school, but she was denied admission, therefore, she filed a suit for mandatory injunction directing the defendants to admit her in 10+1 class in the said school. Alongwith that suit she filed an application for temporary injunction. The said application was dismissed by the Civil Judge (Junior Division), Rohtak vide order dated 2.8.1997. The respondent No. 1 preferred an appeal for reversing the impugned order and directing the petitioner-school to admit her in 10+1 class. Aggrieved by this order, the petitioner filed the present revision petition

(2.) According to the learned counsel for the petitioners 201 students have passed the Matriculation Examination from that school and in 10+1, there are only 120 seats for science group and the students who have obtained more marks than the respondent have been admitted against 120 seats and therefore the respondent could not be accommodated in the said class because the respondent obtained 39.8% marks in Matriculation Examination, while the last student who has been admitted in accordance with merit obtained 55.2% marks in matriculation examination. Therefore, respondent No. 1 could not get admission in the course. But the learned counsel for the respondents contended that the petitioner-school have admitted 33 students from outside, who were not the students of the petitioner's school. Admissions have been given to the students from other institutions and preference has not been given to the students of the same school. Admission into 10+1 course is only given by promotion and the authorities of the school could not have prescribed the level of marks for science students of the school. The respondent had been admitted in the school in 10+1 course by the order of the court and she is accordingly attending the classes in 10+1 and she has to complete the entire 10+1 course during the year 1997-98.

(3.) In the case of Principal, Cambridge School and another v. Ms. Payal Gupta and others, 1996 AIR(SC) 118 (SC), Supreme Court held that in a Higher Secondary School, the examination of tenth class cannot be regarded as a terminal examination for those who want to continue their study in eleventh and twelth classes of the said school. The question of admission test on the basis of result in a particular class will not be taken into account in the case of a student of the same school who passes the public examination. It has also been held cut off level of marks for continuance of further studies in the higher class in the same school by a student who passes a public examination cannot be prescribed. Therefore, it is clear that admission in the higher class is not a fresh admission but only a promotion into the higher class from the lower class and such promotion shall be given only to a student of the same school. After promotion of the students who have studied upto 10th class in the same school to the next higher class, if there is any vacancy, that can be filled up by the students from other schools. Thus the authorities are not right in denying the admission to these students of the same school simply on the ground that the other students from other schools have obtained higher marks than the students of their own school. It is admitted fact that 33 students from other schools have been admitted in the petitioner-school in preference to its own students. The respondent has been admitted in 10+1 course and she has been completing the course during the acadamic year 1997-98. It is quite unjust to deny the relief to her at this stage as it would adversely affect her at this stage as it would adversely affect her educational course for no fault of hers.