HIGH COURT OF UTTARAKHAND
MASTER ANSHUMAN JAISWAL – Appellant
Versus
ST JOSEPH ACADEMY – Respondent
WPMS 2701 / 2025
Office Notes,
reports, orders or proceedings
S N L o . .
Date or directions COURT’S OR JUDGE’S ORDERS
and Registrar’s
order with Signatures
WPMS 2701/ 2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Vishwa Prakash Bahuguna,
Advocate, for the petitioner.
(2) Petitioner is studying in 11th Standard in St. Joseph Academy, Dehradun. The Principal has denied him permission to appear in the half-yearly examination. Thus feeling aggrieved, petitioner has approached this Court seeking the following
reliefs:
“I. Issue a writ order or direction
in the nature of mandamus directing and commanding the respondents to permit the petitioner’s son to continue in Class XI Science stream and allow him to sit in the half-yearly examinations scheduled from
15th September 2025.
II. Issue a writ order or direction
in the nature of mandamus directing the respondents not to harass, humiliate, or coerce the petitioner’s son on any ground relating to religious practices, attire, or
academic preferences.”
(3) Learned Counsel for the petitioner submits that permission is being denied to petitioner to appear in half-yearly examination in order to persuade him to join Commerce stream, as presently the petitioner is a student of Science stream. Marks sheet of 10th Standard Board Examination, conducted by ICSE, is on record as Annexure-1 to the writ petition. Learned Counsel for the petitioner submits that in the 10th Standard Board Examination, petitioner’s performance in science subjects was good, therefore he can
easily continue with Science stream and the effort made by the Principal of the academy to switch to Commerce stream is uncalled for.
(4) Upon perusal of the marks sheet, this Court is not impressed by the said submission. The marks scored by the petitioner in 10th Standard Board Examination cannot be said to be extraordinary.
(5) Law is well settled that in academic matters, judicial interference should be minimum. The decision as to whether petitioner can continue in the Science stream and score good marks is to be taken by the Principal and teachers of the school. The advice given by the Principal, therefore cannot be said to be so arbitrary or illegal so as to warrant interference of this Court.
(6) Thus, this Court does not find any reason to interfere in the matter. Writ petition, however, is disposed of by permitting the petitioner to make representation. If he makes representation within 48 hours, decision thereupon shall be taken by the Principal within one week thereafter.
(Manoj Kumar Tiwari, J.)
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