Reading newspapers in the last few days bring back the moments of morning phone calls by friends inquiring about the situation of the merit list of different streams after passing of 10th Standard Examination. Few of them were thinking to change the school and rest were quite comfortable with the premises we had been there for around 10 years. Gone are those days and now is a more competitive scenario which is being updated daily reflecting the plight of the parents running all the globe for securing an admission for their child. The selected topic may throw some light on the issue of promotion to Class XI after passing of Class Xth SSC Examination. The entire discussion is divided in quite a few parts.
Whether it is a continuation of admission or it is an entire new admission or re-admission?
Prior to the decision of the Hon’ble Apex Court in the case of The Principal, Cambridge School and another Vs. Ms Payal Gupta and others reported in AIR 1996 SC 118, this question was unanswered or partly answered, but after the aforesaid decision it was made crystal clear that an admission to a higher standard of the same school can only be said to a continuation of admission and not re-admission. While answering this question the Hon’ble Supreme Court also went to the extent of comparing the scenario of a student failing in a public examination being permitted to continue with the same school with a student passing the same examination and being shown the gates of the school for higher education though the school offers higher education.
Why to have preferential treatments for a student?
The Hon’ble Apex Court in the case of Principal,, Kendriya Vidyalaya and Ors. Vs. Saurabh Chaudhary and Ors. Reported in AIR 2009 SC 608 has touched the very psychology which is part of a student’s mind while going ahead with the studies. Any individual prefers to stay in a familiar environment which knowingly or unknowingly helps lot of aspects of growth of an individual. Same is dealt with by the Hon’ble Apex Court in the aforesaid decision by going to the core by stating that changing a school to even 10 yards away from the old school shall take the essence of familiarity away from the student. Blackboards and benches of old schools are missed the most even today by us, then how can a student struggling to make huge career choices be allowed to miss that familiar faces merely on the aspect of achieving a few lesser marks. The Hon’ble Apex Court has also gone to the extent of holding the schools responsible too for those few lesser marks which may close the gates for a student in their own schools. Quoting the ratio it can be described as “No school is entitled to turn down a student for he/she being failed to get cut off level of marks for admission to class XI.”
Some views may differ too
The Hon’ble Gujarat High Court in the case of District Education Officer, Himmatnagar Vs. Rajvirsinh K. Rathod Reported in (2001)1GLR398 has tried to draw a line distinguishing the situations that may exist in secondary and higher secondary education. The very basis of such distinction is the change in faculties and their qualifications, choice of streams, change in way of teaching and so on which clearly draws a line between the same and thus in this decision the Hon’ble Gujarat High Court has gone to the extent of saying that it needs to be a fresh admission only and not merely promotion. Relying on the circular issued by the state government permitting some reservations for students from other schools the aforesaid decision was rendered by the Court.
Obligations underlined
Quoting the words of decision in the case of DAVIAN Parents Association Vs. State of Orissa reported in 2014(II)OLR547 highlighting the aspect of an obligation of a school towards its students it was said “The school authorities are obliged under law to allow all the students, who are prosecuting their studies in the same school, to prosecute their studies in the higher class bereft of marks secured in the last examination”. The aforesaid words illustrate the faith of a student in an institution where not only the student is responsible for his fate, but even the duty embodied on the school is reflecting.
Our Students versus Other Students
While discussion bye-laws of an institution permitting the Principal of the institution to grant admission to outside student the Hon’ble Allahabad High Court in the case of Arvind Kumar Sharma Vs. Central Board of Secondary Education and Anr. Reported in 1996 (28) ALR 632 drew a thin line between permission and obligation towards own student. Quoting the words it makes clear that such bye laws can be permissive in nature but cannot be at the cost of the other obligations. “It is clear that it is only permissive and it leaves it open to the Principal to admit any student in class XI who has passed Examination of X standard conducted by any other Board or Examination. It does not create any obligation on the Principal to admit outsiders and ignore the claim of their own students. Reliance placed on the aforesaid Bye-laws is wholly misplaced and is not helpful to the Respondents”
I Conclude
Finally I conclude by saying that a student shall have the privilege to complete the studies by sitting on the same bench from where he did start the same, excluding a situation where the institution may not want him for several other reasons which the student may give birth to. But otherwise as the Hon’ble Apex Court said Let the child study in the familiar atmosphere till the school provides. Quoting the above propositions and understanding a bit, I finish the discussion an state my words as under
“A student has all the right to continue his studies till the school can provide and the same is an obligation on the part of the institution too”
Thanks
Vikas Nair
Advocate, Gujarat High Court
Topic Courtesy: Chhotubhai (Materials and Special Discussions)
Restart Courtesy: Aditya Tripathi
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