LexPRINCIPAL KENDRIYA VIDYALAYA & ORS. versus SAURABH CHAUDHARY & ORS.
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[2008] 15 S.C.R. 436 .iii \ A PRINCIPAL KENDRIYA VIDYALAYA & ORS. / II. .,.... SAURABH CHAUDHARY & ORS. (Civil Appeal No. 6487 of 2008) . B NOVEMBER 5, 2008 [R.V. RAVEENDRAN AND AFTAB ALAM, JJ.] Education - Admission - Only one stream available viz, Science with Mathematics for class XI and XII in Central ~ c School - Denial of admission to its own student to class XI in said stream for not securing requisite cut off marks in class X CBSE exam - However, offered admission in another Central School - Propriety of - Held: Not proper - School can ~, lay down cut off marks for selection of suitable stream on basis D of class X marks where there are more than one stream - However, throwing out the student from school on failure to score the cut off marks is unjust - School should give him the stream/course suitable for him on basis of the prescribed cut off marks - On facts, only science stream with Mathematics E available in the said school - Thus, student must get admission in the said course in class XI. The admissions to the Central Schools are governed by 'regulation' and 'guidelines framed by the Sangathan. F In Central School No. 2 AFS, in classes XI and XII only science stream with mathematics was taught; The ,( respondent passed class X CBSE examination from Central School No. 2, AFS. He wanted to continue in class XI in that school in science stream but was denied admission since his class X marks were lower than the G cut off prescribed in the guidelines for admission to class XI. Respondent was offered admission in another Central School in other courses commensurate to his class X ·-> marks. Aggrieved respondent filed writ petition. High 1 Court relying on Paya/'s case that the school is forbidden ; H -436 f~ ' ' ~- Ji - PRINCIPAL KENDRIYA VIDYALAYA & ORS. v. SAURABH 437 CHAUDHARY & ORS. from turning down a student because he/she failed to get A the cut off level of marks for admission to class XI, directed the Central School No. 2 to admit him to class XI in science stream. Hence the_ present appeal. Dismi~sing t.he appeal, the Court B HELD: 1.1. It cannot be accepted that the offer of admission in another Central School in the city is quite the same as allowing the student to continue in the higher class in the school from which he passed the class X CBSE examination. The same school can only C mean the school from which the student appeared and passed in the class X CBSE examination and the offer of admission in another Central School in the same city would not alter the position. In a small town where there may be only one Central School this arrangement may D not work at all. Moreover, another Central School in Chennai will be almost as strange to a young boy or girl student as any other school. He/she will not have there the familiar surroundings, the known teachers and his/ her friends and classmates. Furthermore, even the E admission guidelines framed by the Sangathan recognise the distinction between the school from where the student passed the class X CBSE examination and other Central Schools. Therefore, the offer of admission in another Central School in the same city is of no F relevance. [Para 8] [444-C-G] 1.2. Accepting the submission that the earlier decision of this Court in *Principal Cambridge School v. Paya/ Gupta has no application to this case as that decision was rendered on the provisions of the Delhi G School Education Rules, 1973, would lead to a strange and highly anomalous situation. A private unaided school in Delhi shall be obliged to accommodate in class XI all its students passing the class X CBSE examination regardless of their percentage of marks but a Central H 438 SUPREME COURT REPORTS [2008] 15 S.C.R. ' '> I A School in Delhi shall be free to refuse admission to some of its own students pa.ssing the class X .CBSE \--- examination on the ground that they failed to secure' the cut off marks as per the admission guidelines. The submission that the decision in Paya/ Gupta would not B apply to Central Schools is otherwise also quite unso.und. It is indeed true that the case of Paya/ Gupta arose under the provisions of the Delhi School Education Rules but certain observations and findings in the decision are clearly of general application. In Paya/, this -- c Court clearly held that on passing the' examination promotion from one class to the next higher class does not
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