Kumari Mithlesh Rohila vs Moti Ram Memorial Girls Sr. Sec. ...
2002 Latest Caselaw 1546 Del

ORDER

Manmohan Sarin, J.

1. Learned Counsel for respondent No. 2 has handed over Memorandum bearing No. DE.17/3/Misc./Sch/96-97/13590 to 15890, dated 20.7.2001, issued by the Directorate of Education, Government of NCT of Delhi. The said memorandum sets out the admission criteria for class XI. The relevant extract is reproduced as under:

"2. Admission criteria for class XI:

The admission criteria for admission to class XI for the year 2001-02 will continue to be the same as it was last year. However, it is reproduced again for the same of ready reference.

For Humanities: A student must have been declared passed by the CBSE at the Secondary School Examination.

For Commerce: A student declared passed at the Secondary School Examination must have secured 40% marks in aggregate.

For Science: A student declared passed at the Secondary School Examination must have secured at least 50% marks in aggregate or 85 marks in Science and Mathematics in aggregate. In both the cases the student must have secured at least 40 marks in Mathematics.

2. In the instant case, petitioner, who has been declared passed by the Central Board of Secondary Education for class X, vide mark sheet, Annexure A. Petitioner was not promoted to and granted admission to class XI in respondent No. 1 school. The admission was being refused on the ground that petitioner sought admission to the Humanities course while he secured only 21marks out of 100 in English. It was stated that the admission criteria issued by the Directorate of Education for the subject Humanities, the requirement is, "student must have been declared passed by the CBSE at the Secondary School Examination". In the instant case, CBSE has declared the petitioner passed for class X. Accordingly, petitioner would be entitled for being promoted/admitted to class XI.

3. Mr. Amiet Andley, Counsel for respondent No. 2 has no objection to the admission being granted to the petitioner. Mr. Anil Gupta appearing for respondent No. 1 School states that in view of the admission criteria, as issued by respondent No. 2, Directorate of Education, they would grant admission to the petitioner in class XI. Mr. Ashok Aggarwal maintains that it should be labelle'd as a case of promotion from class X to class XI, as petitioner was the student of the same school. Nothing turns on this in the present case.

Mr. Anil Gupta states that he would inform the School of the order passed today.

The writ petition stands disposed of. dusty.