(August 8, 2001) 2001 (TLS)125350

2001-DLT-93-756 :: 2001-AD (Del)-6-570

KANIKA AGGARWAL (MINOR) Vs. N. C. T. of Delhi

MUKUL MUDGAL

( 1 )

( 2 ) WITH the consent of the parties, the matter is taken up today for hearing.

( 3 ) THIS writ petition under Article 226 of the constitution of India seeks the petitioner s admission to the 11th Standard in Science Stream (Non-Medical) in the respondent No-3-School from which School she passed out from Class X. The petitioner s case arises from the refusal of the respondent No. 3, the Principal of St. Mark s School to grant admission to the petitioner to science Stream (Non-Medical ). The petitioner was instead offered admission in Commerce Stream. The petitioner has challenged this refusal on the ground that in spite of securing 62. 6% per cent marks in Class X she was not given admission. It is also averred that while there is no clear cut guidance in the Delhi Schools Education Act, 1974 (hereinafter referred to as the Act ) and Rules to cover admissions to Science, Commerce and Arts (Streams) respondent Nos. 1 and 2, i. e. , Govt. of Delhi and Directorate of Education had issued instructions which stipulated that ail student