Private unaided schools have the autonomy to admit students and the right to establish and administer educational institutions.

Tarlok Singh Chauhan J,

Both these petitions relate to admission of students in non-aided private school and were, therefore, taken up together for hearing. However, since the question involved in these petitions is not common, therefore, the same shall be dealt with and adjudicated upon by recording separate reasons.

CWP No. 1853 of 2015

2. By medium of this writ petition, the petitioner has called in question the action of respondent No.3 whereby it has refused to admit the minor son of the petitioner in +1 Class, the Non-Medical Stream, on account of his performance in the matriculation examination.

3. It is not in dispute that the petitioner’s son has been studying in respondent No.3-School from the beginning i.e. from K.G. Class. Thus, according to the petitioner, it is not a case of fresh admission, but a case of promotion to the higher class and being a promotion, the same is automatic and, therefore, the ward of the petitioner was automatically, apart from legitimately, entitled to be admitted in +1 Class (Non-Medical Stream) i.e. stream of his choice.

4. Respondent No.3 has opposed the claim of the petitioner by filing reply wherein it is stated that it is an unaided minority institution and has framed guidelines to Class 11 (Senior Secondary Course) which are also printed in the school diary. Part-2 thereof deals with the admission procedure and it is for the school to lay down its norms. As per norms laid down by respondent No.3, a student should have consistent score of 80% in Science and Mathematics and 70% for Commerce Stream.

5. In view of the pleadings of the parties, the only question which falls for consideration is as to whether the son of the petitioner is required to be simply promoted to Class 11 and given a stream of his choice on the ground that the same is neither a fresh admission nor re-admission but a promotion or that respondent No.3-School is well within its right to lay down the criteria for admission depending upon the score and ranking of the child. We have heard the learned counsel for the parties and have gone through the records of the case.

6. Both the learned counsel for the parties in support of their respective submissions have relied upon the judgment of the Hon’ble Supreme Court in Principal, Kendriya Vidyalaya and others versus Saurabh Chaudhary and others (2009) 1 SCC 794.

7. In order to appreciate the controversy it is, therefore, necessary that we understand clearly as to what was the issue before the Hon’ble Supreme Court in the aforesaid case. The student, Saurabh Chaudhary, after having appeared in Class 10th examination held by CBSE for the academic year 2007-08 had sought admission in Class 11 in the same school, but was declined the same because his marks were lower than the cut-off fixed for admission to Class 11 in the admission guidelines of the school. This led to his filing a petition before the Madras High Court which upheld his claim and directed the school to admit him in Class 11.

8. This order of the Madras High Court was assailed before the Hon’ble Supreme Court by Kendriya Vidyalaya and the same came to be dismissed. The Hon’ble Supreme Court while dismissing the appeal filed by the school rejected its stand regarding the school-authority having an absolute right to grant/non-grant admission and infact it was observed that even the school must share atleast some responsibility for the poor performance of its students and should help them in trying to do better in the next class.

9. However, insofar as the question of right of the student to opt for the course of his choice, irrespective of his performance is concerned, the same was negated and it was held that the school may give the stream/course that may appear to be most suitable to the student on the basis of the prescribed cut-off marks.

10. This would be clearly evident from the following observations of the Hon’ble Supreme Court:-

“18. One can have no objection to a school laying down cut off marks fo