THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR. versus MS. PAYAL GUPTA AND ORS.

Citation: [1995] SUPP. 2 S.C.R. 843 · Decided: 21-08-1995 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Dismissed

Judgment (excerpt)

THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR. 
A 
v. 
MS. PAYAL GUPTA AND ORS. 
AUGUST 21, 1995 
[S.P. BHARUCHA, FAIZAN UDDIN AND S.B. MAJMUDAR, JJ.) 
B 
Education: 
Delhi School Education Act, 1973/Delhi School Education Rules, 
~ 
c 
Ss.16(3), 28(2)n·.135, 138, 145-Recognised unaided school-Admis-
sion to-School prescribing cut of level of marks in class X for admission to 
Class XI-Held, once a student is admitted to a school same admission 
continues class after class-No fresh admission or readmission is con-
templated from one class to another in the same school. 
D 
Appellant No. 2 a recognised unaided school, imparting education 
under 10 + 2 scheme introduced by the Central Board of Secondary Educa-
tion, with a view to upgrade the academic standard of each student, 
prescribed a cut off level of 50% marks for admission to class XI of the 
said school. Two circulars in this regard were issued in October 1993 and 
-.:february 1994. On declaration of the results of class X by the Central 
Board of Secondary Education, the appellants asked the students who 
secured marks less than 50% in aggregate in class X to obtain their school 
leaving certificates. The affected students approached the Deputy Educa-
tion Officer, who, by his letter dated 13.6.1994, directed that all students 
who passed class X should be admitted to class XI irrespective of pass 
percentage. The appellants refused to comply with the directions alleging 
that the power to regulate admission under Delhi School Education Act, 
1973 and rule 145 of Delhi School Education Rules, 1973 vested in the head 
E 
F 
of the school. The respondent, who had secured 44.5% marks in aggregate, 
and some other students filed writ petiti~ns before the High Court chal-
G 
lenging the legality of the circulars. Meanwhile the school scaled down the 
cut off level from 50% of marks to 45%, as a result of which some students 
withdrew their petitions. The High Court allowed the writ petition of the 
respondent holding a recognised unaided school could not of its own fix 
a criteria of not admitting its own students to Class XI on the basis of H 
843 
844 
SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R. 
A 
pass percentage. Aggrieved, the school and its Principal filed this appeal 
by special leave. 
B 
c 
The appellants contended that a«!mission to Class XI being a fresh 
admission, issuance of the circulars by the Principal prescribing criteria 
for admission to class XI was in conformity with r.145 of the rules, which 
conferred power on the head of an unaided recognised school to regulate 
admissions to the school or to any class thereof on the basis of admission 
test or result of a particular class or school. 
Dismissing the appeal, this Court 
HELD : 1.1. The scheme of the Delhi School Education Act, 1973 and 
the Delhi School Education Rules 1973 and a combined reading of ss.16(3), 
28(2) (g) of the Act, 1973 and Rules 135, 137 an 138 of the Rules, 1973 
establishes that once a student is admitted to a school the same admission 
continues class after class until he passes the last examination for which 
D the school gives training and no fresh admission or readmission is con· 
templated from one class to the other. Therefore, in. a Higher Secondary 
School such as the appellant School, the examination of tenth class cannot 
be regarded as a terminal examination for those who want to continue their 
study in eleventh and twelfth classes of the said school. No separate 
E 
criteria has been laid down in the rules for the students passing class X 
and wishing to continue their studies in eleventh the twelfth Classes. 
[850·C·QJ 
1.2. The right of a student to continue his studies further in the 
higher class, in the same school, after passing any public examination, 
F 
cannot be worse than the. right of a student who fails at any such public 
examination and is entitled to readmission in the same school u/r. 135 of 
the Rules. [850-A·B] 
2. It cannot be said that after a student passes high tenth class of a 
G public examination his admission to the next higher class i.e. eleventh class 
would be a fresh or readmission in the same school. Rule 145 of the Rules 
does not contemplate such a requirement. That the class X examination is 
a public examination does not make any difference. 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 
H admission in some 

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