Master Satyam Gandhi vs Union Territory, Chandigarh .

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7136 OF 2015 (Arising out of SLP(C) No.23046 of 2015)

MASTER SATYAM GANDHI .....APPELLANT

VERSUS

UNION TERRITORY, CHANDIGARH AND ORS. ....RESPONDENTS

ORDER

M.Y. Eqbal, J.:

The petitioner has preferred this special leave petition

against the impugned order dated 03.08.2015 passed by the

High Court of Punjab and Haryana in CWP No.8009 of

2015.

2. The facts of the case lie in a narrow compass .

Signature Not Verified Digitally signed by

3. The petitioner was a student of the respondent-school Sukhbir Paul Kaur Date: 2015.09.16 17:33:34 IST

viz., St. Jones School, Chandigarh. The school is affiliated Reason:

with the CBSE. The petitioner passed his Class X and was 2

interviewed on 24.03.2015 for the purpose of admission in

class XI. At the time of interview, the petitioner preferred the

medical stream but it was declined by the

respondent-school on the ground that he is ineligible for the

said stream because of his pre-Board result. The petitioner

allegedly requested to admit him in any other stream as per

his eligibility, but when the final list was prepared and

displayed on 29.03.2015 on the notice Board of the

respondent-school, the name of the petitioner was

conspicuously absent in the said list. The contention of the

petitioner is that he is a brilliant student who had been

deprived of his right to education in the same school from

where he had passed class X. Being aggrieved, the petitioner

filed a Writ Petition before the High Court seeking a

direction to the respondent-school to admit him in class XI.

4. The respondents-school, on the other hand, pleaded

that it is a private unaided minority educational institution

and it had started class XI and XII in the year 2011-2012

after getting permission from the CBSE, upgrading the

respondent-school to the senior secondary school. The

respondents' further case is that by circular dated 3

13.05.2014 issued by the school, it was clearly stated that

all students cannot be accommodated in class XI because of

the space constraint and availability of limited seats in class

XI as the four sections of Class X had been reduced to two

sections in Class XI and the short-listing was done on the

basis of students' academic performance and grades in the

co-scholastic areas, especially attitude and values. It was

further averred that the petitioner applied for admission in

Class XI in medical stream and as per aptitude test

conducted by the respondent-school, the petitioner had an

aptitude for commerce.

5. The respondents' further case is that the petitioner

had even forged the signature of his parents on the

admission form. Further counselling for the admission to

Class XI for the academic year 2015-2016 was held and

since the petitioner was not found to have an aptitude for

medical stream, he was offered a seat in commerce stream,

to which he had categorically refused.

6. On 23.03.2015, the list of eligible students for

admission in Class XI was put up on the school notice 4

board and in a few days, the admission process was

completed for the main stream students.

7. Considering the facts of the case pleaded by the

parties, the High Court dismissed the writ petition. Hence,

this special leave petition.

8. Leave granted.

9. We have heard Ms. Malini Poduval, learned counsel

appearing for the appellant and Mr. P.H. Parekh, learned

Senior Counsel appearing for the respondents.

10. By filing counter affidavit, the respondent-school

reiterated its stand that the appellant was offered the

commerce stream, but he had categorically refused to take

admission into commerce stream, and thus, declined to take

admission in the respondent-school. It is highly incorrect to

allege that the appellant was not given admission in

Class XI even in the commerce stream.

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11. It has not been disputed by the appellant that he

applied for admission in class XI in the medical stream, but

because of his marks in the pre-board result and aptitude

test conducted by the respondent-school, he was found

ineligible and was denied admission in the medical stream.

It is also not in dispute that the appellant was given option

to take admission in the commerce stream which he did not

opt at the first instance, as a result the admission even in

the commerce stream were over on 29.03.2015. The High

Court after taking into consideration the facts of the case

and the relevant bye-laws of CBSE, particularly clause 7.4,

came to the conclusion that the relief sought for by the

appellant cannot be granted by issuing appropriate writ

directing the school to admit the appellant even in the

commerce stream.

12. After considering the affidavits and the documents

annexed therewith and also hearing the learned counsel

appearing for the parties, we do not find any reason to

interfere with the impugned order passed by the High Court.

Hence, this appeal is dismissed.

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13. Before parting with the order, it goes without saying

that the students who study up to Class X in any school

whether aided or non-aided, such students are entitled to

get admission in Class XI in the same school unless he or

she declines before the admission is closed. However, in

which stream they are to be admitted, it depends upon their

merits and performance that shall be decided by the school

authority.

...................J [M. Y. EQBAL]

...................J [C. NAGAPPAN]

NEW DELHI;

SEPTEMBER 16, 2015.

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ITEM NO.1A COURT NO.10 SECTION IVB (For Judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Apapeal No. 7136 of 2015 arising out of Petition(s) for Special Leave to Appeal (C) No(s). 23046/2015

MASTER SATYAM GANDHI Petitioner(s)

VERSUS

UNION TERRITORY, CHANDIGARH AND ORS. Respondent(s)

Date : 16/09/2015 This appeal was called on for pronouncement of judgment today.

For Petitioner(s) Ms. Malini Poduval,Adv.

For Respondent(s) Mr. P.H. Parekh, Sr.Adv.

For M/s. Parekh & Co.,Adv.

Hon'ble Mr. Justice M.Y. Eqbal pronounced the order of the Bench comprising of His Lordship and Hon'ble Mr. Justice C. Nagappan.

Leave granted.

The appeal is dismissed in terms of the signed order. Before parting with the order, it goes without saying that the students who study up to Class X in any school whether aided or non-aided, such students are entitled to get admission in Class XI in the same school unless he or she declines before the admission is closed. However, in which stream they are to be admitted, it depends upon their merits and performance that shall be decided by the school authority.

[INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.

(Signed reportable order is placed on the file)