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MINI PUSHKARNA
Baby Suhani Kapoor – Appellant
Versus
Directorate of Education – Respondent
| Table of Content |
|---|
| 1. application for exemption and petitioner's background (Para 1 , 2 , 7 , 11) |
| 2. right to education under challenging circumstances (Para 3 , 4 , 5) |
| 3. feasibility of admission late in academic year (Para 6 , 8 , 9) |
| 4. future admission and consideration for gap year (Para 10 , 12 , 13) |
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (ORAL):
CM APPL. 546/2023 (for exemption)
1. This is an application under Section 151 CPC for exemption from filing certified, true typed copies, dim and true copies of annexures.
2. Allowed, subject to just exceptions. Application is disposed of.
W.P.(C) 146/2023
3. The present writ petition has been filed with prayer for directions to the respondent to allow the petitioner to take admission in 11th Class in any of the school in West Zone having science subjects without mathematics. It is submitted that the petitioner has passed 10th Class examination from Rich Harvest Public School, Janakpuri with flying colors. It is submitted that she has obtained very high marks in 10th Class. However, due to medical condition of the petitioner, she was not able to continue with the schooling in 11th Class. However despite the medi
Admission in educational institutions cannot be denied based on past gaps due to legitimate medical conditions; students should be allowed to seek admission for future academic sessions.
The main legal point established in the judgment is that a writ petition seeking directions to a school for a change in stream in Class XI becomes infructuous if the academic session is already over ....
The court upheld the right of the petitioner child to continue education in the school where admission was granted, considering the peculiar facts and circumstances of the case and previous relevant ....
The central legal point established in the judgment is the need for flexibility in education and the consideration of a student's performance and potential in admission decisions, in line with the Na....
State must consider CBSE policy relaxations when relying on its circulars for admission eligibility.
The court emphasized the importance of clearing arrears of school fees for student registration and considered exceptional circumstances for seeking condonation of shortage of attendance.
The rules of the CBSE do not allow for re-examination of the final exam of Class XI, and academic performance is a significant factor in decisions regarding detention and re-examination.
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