1. Private unaided school prescribed minimum marks for admission to class XI for its own students — Challenge to legality under Delhi School Education Act, 1973. (Para 1 , 2 )
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1995 Supreme(SC) 838
SUPREME COURT OF INDIA
PRINCIPAL, cambridge SCHOOL
versus
PAYALGUPTA
Decide on August 21, 1995
Important Points
A private unaided school cannot deny admission to its own students in Class XI by prescribing a cut-off mark if they passed the Class X public examination. Admission is continuous, and the power to regulate admissions under Rule 145 applies to new admissions, not internal promotions.
Subject
Education Law - Admission and Promotion of Students
Act Referred
Headnote
Delhi School Education Act, 1973 – Sections 16 and 28 – Delhi School Education Rules, 1973 – Rules 135, 137, 138 and 145 – Appellants Central Board of Secondary Education introduced of education in providing general education up to level visualising two distinct stages one up to class X and other up to class XII so that students with certain competence should alone pursue education beyond with a view to achieve objective and to upgradge academic standard of each student through special programme prescribed a cut off level marks for admission to class XI of said school – Principal-appellant addressed a circular parents of students stating that admission to class X would not be automatic but a cut off level was prescribed by the Cambridge School to effect that a student must obtain marks in aggregate in Board examination for being granted readmission in class – Held, 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 instutution question of admission test on basis of result in a particular class will not be taken into account in case of a student of same school who passes public examination – Learned counsel for appellant was unable to produce or show any provision which specifically contemplates that readmission or fresh admission is necessary to every next higher class after a student passes out a particular class nor he could show any provision of law authorising head of an educational institution to prescribe a cut off level of marks for continuance of further studies in higher class in the same school by a student who passes a public examination – Learned counsel for appellant, is not of any assistance to the appellant as the question of power of the Director to issue instructions to unaided schools alone was the point in controversy – Appeal dismissed.
Legal Category Hierarchy
Advocates:
BHIMRAO N.NAIK, M.P.Jha, S.R.Bhatt
BHIMRAO N.NAIK, M.P.Jha, S.R.Bhatt
Table of Contents
2. Whether admission to class XI constitutes a fresh admission allowing the school head to prescribe cut-off marks under Rule 145, or is an automatic promotion. (Para 3 , 4 )
3. Admission to a school is continuous across classes; Rule 138 protecting failed students implies that students passing public examinations cannot be denied promotion to higher classes. (Para 5 , 6 , 7 , 8 )
4. Head of a recognised unaided school cannot prescribe cut-off marks to deny admission to its own students who have passed the qualifying public examination. (Para 7 , 8 )
5. Appeal dismissed. (Para 9 )
6. Does admission to class XI in the same school constitute a fresh admission?
No. Once a student is admitted to a school, the admission continues class after class until they leave or complete the final examination; no fresh admission is required for each higher class. (Para 6 , 7 )
7. Can a school deny admission to a student who passed a public examination if they failed to meet a school-prescribed cut-off?
No. Under Rule 138, if students who fail a public examination cannot be refused readmission, students who pass cannot be denied admission to the next higher class in the same school. (Para 7 )
8. Does Rule 145 of the Delhi School Education Rules, 1973 empower a school head to set cut-off marks for their own students?
Rule 145 allows the head of a recognised unaided school to regulate admissions based on tests or results, but this applies to students from other institutions, not those already enrolled in the school. (Para 8 )
Judgment
FAIZAN UDDIN
( 1 ) ACCORDING to the appellants, the Central Board of Secondary Education introduced 10+2 scheme of education in the year 1977 providing general education up to the level of 10+2 class, visualising two distinct stages one up to class X and the other up to class XII so that the students with certain competence should alone pursue education beyond class X. The appellant, Cambridge School, New Delhi, with a view to achieve the aforesaid objective and to upgradge the academic standard of each student through special programme prescribed a cut off level of 50 percent marks for admission to class XI of the said school. Consequently, the principal-appellant addressed a circular dated 4-10-1993 to the parents of the students stating that the admission to class X would not be automatic but a cut off level was prescribed by the Cambridge School to the effect that a student of class X must obtain 50 percent marks in aggregate in the Board examination for being granted readmission in class XI. In other words it would be a fresh admission even for those students who passed class X from the Cambridge School itself obtaining minimum marks of 50 per cent in aggregate as qualifying percentage for being considered for readmission in class XI. A similar circular was again issued in February, 1994. As a consequence of the said circulars, after declaration of results of class X by the Central Board of Secondary Education and students who secured marks less than 50 per cent in aggregate were asked to obtain their school leaving certificates. It appears that the parents of such students who had secured marks less than 50 per cent in aggregate approached the Deputy Education Officer who by his letter dated 13-6-1994 directed that all students of class X should be admitted into class XI without any pass percentage. But the school authorities took the stand that no such direction could be issued by the Directorate of Education since the power to regulate admission under Delhi School Education Act, 1973 and Rule 145 of the Delhi School Education Rules vests in the head of the school.
( 2 ) IN the facts and circumstances aforementioned the respondent herein and three other students of the Cambridge School filed the Civil Writ Petition No. 2788/1994 in the High Court of Delhi challenging the legality and propriety of the circulars aforementioned prescribing cut off marks for admission to XI class in the said school. A batch of ten students had also filed a Civil Writ Petition No. 2977/1994 (Reema Goyal v. Lt. Governor of Delhi) challenging the validity of the said circulars prescribing the cut off marks for admission to class XI. In the meanwhile Civil Writ Petition No. 2977/1994 was withdrawn as the school authorities scaled down the aggregate of 50 per cent marks to 45 per cent and the students admitted in the school except one or two students who had secured about 35 per cent marks in aggregate but they also withdrew their petition with a view to either reappear in the examination to secure 50 per cent marks or would seek admission in some other school. In the writ petition filed by the respondent herein and three others, two students had secured 45 per cent marks and, therefore they also withdrew their petition and one student who had secured about 35 per cent marks also withdrew his petition with a view to either reappear in the examination or to seek admission elsewhere. The respondent herein, however, pursued the petition as she had secured 44. 6 per cent marks in aggregate and was not allowed to continue her studies in class XI in appellants school.
( 3 ) THE case of the respondent before the High Court was that the Principal and the school authorities were not justified to deny admission to its own students who had passed class XI examination which is a public examination and as neither the Act nor the Rules prescribe any cut off level of marks for promotion to XI class in the same school after passing class X examination an
