In the matter of admission priority has to be given to students of own school.

The Honourable Chief Justice:

The petitioners are the students of the third respondent school. The third respondent school is a recognised private school and is under the control and supervision of the first and second respondents. The petitioners herein are the students who have successfully completed their X Standard Matriculation Education in the third respondent school in the last Academic Year. It is the case of the petitioners that the petitioners having successfully completed their X Standard Examination, submitted their applications to join in the XI Standard with the legitimate expectation and hope that they will be permitted to continue their higher secondary education in the third respondent school itself. The petitioners were patiently awaiting on the hope that the school will not weed out their own students for any reason. But to their shock and surprise, the third respondent school started admitting the students who have studied in other schools by receiving huge donations. It is the further case of the petitioners that when they got the knowledge of admission made by the third respondent, they rushed to the office of the third respondent and requested to admit the students who completed their X Standard in the same school. But the school authorities simply threatened the petitioners to get out of the school and wait in the entrance stating that after admitting the fresh students only the old students will be accommodated in the remaining seats. Having patiently waited at the entrance for two days, on 06. 2007, the petitioners requested the school authorities to admit their own students. But the school authorities simply informed that they will not be admitted in the third respondent school and directed them to approach some other school for admission. The petitioners contend that the act of the third respondent in not admitting their own students in XI Standard is violative of the petitioners right to education guaranteed under Article 41 and Article 21 of the Constitution, which is inclusive of education. Reliance is placed on the judgment of the Supreme Court in The Principal, Cambridge School vs. Ms.Payal Gupta & Others (JT 1995 (6) S.C. 101), where the Supreme Court has laid down that the students from other schools could be considered for admission only after accommodating the students of its own school.

2. On behalf of the third respondent school, the Principal of the school has filed a counter affidavit. It is stated that every year, the third respondent issues advertisement calling for admission from LKG to X Standard based on the vacancies and for XI Standard from all other schools including the third respondent school and the admissions are made based on the marks obtained by the students on conducting an interview and all the admissions are made only on merits. It is stated that during the Academic Year 2006-2007, the third respondent school had 975 students in the X Standard and all have passed out successfully. It is stated that for the Academic Year 2007-2008, the third respondent issued advertisements in leading newspapers calling for applications for all the classes including XI standard and in all 2713 applications were received. Out of the 975 students who appeared for Matriculation Examination during the year 2007 from the third respondent school, only 800 students opted to join the third respondent school and submitted their applications. The third respondent school sent intimation of the interview to all the students and the interview was conducted by a panel of teachers from the school for all the students who applied for XI Standard. As on 6. 2007, 632 students out of 800 students, who applied for XI Standard from the third respondent school got selected and admitted. It is stated that this year all the admissions relating to 1200 seats available with the third respondent school have been made by issuing regular admission to nearly 1151 students on merit according to their ranki