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 unaid