Skip to main content

Student passing public examination cannot be denied admission into next higher class of his old school

In Panchu Gopal Mondal Vs. The State of West Bengal Education Department and Ors., W.P. 23637(W) of 2018 Decided On: 04.12.2018, the son of the writ petitioner has been denied admission in class XI in Mathurapur Arya Vidyapith (HS). It is to be noted that the son of the writ petitioner studied in the said school from class V to X and took his Madhyamik Pariksha, 2018 from the said school and successfully passed the said examination. For this the petitioners referred to judgments of Supreme Court in Principal, Cambridge School and Anr. Vs. Payal Gupta (Ms) and Ors. reported in (1995) 5 SCC 512 and Principal, Kendriya Vidyalaya & Ors. Vs. Sourabh Chaudhary & Ors. reported in 2009) 1 SCC 794.

The Calcutta High Court decided that it is clear from the documents annexed to the writ petition that the son of the writ petitioner had passed the Madhyamik Pariksha, 2018 and, accordingly, he was very much eligible to join class XI. The judgments of the Hon'ble Supreme Court cited above deal with this aspect directly. In Payal Gupta (supra) the Hon'ble Supreme Court has specifically stated that the question of an admission test or the result in a particular class or school for purposes of admission would arise only if a student of one institution goes for admission in some other institution.  The question of an admission test or the result in a particular class or school for purposes of admission would arise only if a student of one institution goes for admission in some other institution. 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. One can have no objection to a school laying down cut-off marks for selection of suitable stream/course for a student giving due regard to his/her aptitude as reflected from the Class X marks where there are more than one stream. But it would be quite unreasonable and unjust to throw out a student from the school because he failed to get the cut-off marks in the Class X examination. After all the school must share at least some responsibility for the poor performance of its student and should help him in trying to do better in the next higher class. The school may of course give him the stream/course that may appear to be most suitable for him on the basis of the prescribed cut-off marks.

In the present case, it would have been perfectly open to the appellants to offer admission to the boy, Saurabh Chaudhary in Class XI in streams/courses other than Science stream with Mathematics on the basis of the prescribed cut-off level of marks, had such courses been available in Central School No. 2, AFS, Tambaram. But this school has only Science stream with Mathematics for Classes XI and XII. The decision in Payal forbids the school from turning down a student because he/she failed to get the cut-off level of marks for admission to Class XI. As a result of this fortuitous circumstance the boy must get admission in Class XI in Central School No. 2, AFS, Tambaram in Science stream with Mathematics.

Needless to say, based on the above decision, the Calcutta High Court directed the respondent school to immediately grant admission to the son of the writ petitioner so that he can continue his studies in class XI and XII in the said school.

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more