Case Note & Summary
The petitioners, three minor students, filed writ petitions challenging the denial of admission to the XIth standard by Bharatiya Vidya Bhavan's Bhagwandas Purohit Vidya Mandir (the school), despite having studied in the same school from the Ist to Xth standard and successfully completing the Xth standard examination. The school refused admission on the ground that it did not have CBSE affiliation for the XIth standard. The students contended that the school had represented itself as affiliated to CBSE up to XIIth standard and that they had a legitimate expectation of continued education. The court held that the denial of admission was arbitrary and unreasonable, as the students had studied in the school for ten years and the school could not defeat their legitimate expectation by citing lack of affiliation. The court directed the school to admit the students to the XIth standard in the same school, and also directed the CBSE to consider granting affiliation to the school for the XIth and XIIth standards. The court further held that the school's conduct in denying admission was arbitrary and violative of the students' rights.
Headnote
A) Education Law - Admission to Higher Secondary - Denial of Admission to Own Students - School's refusal to admit students who studied from Ist to Xth standard in the same school to XIth standard on ground of lack of CBSE affiliation for XIth standard - Held that such denial is arbitrary and unreasonable as the students have a legitimate expectation of continued education in the same institution, and the school cannot defeat this expectation by citing lack of affiliation when it had earlier represented that the school is affiliated up to XIIth standard (Paras 2-5). B) Education Law - Legitimate Expectation - Students who studied in a school from Ist to Xth standard have a legitimate expectation of being admitted to XIth standard in the same school, and the school cannot deny such admission on technical grounds like affiliation, especially when the school had earlier represented that it is affiliated up to XIIth standard (Paras 4-5). C) Education Law - CBSE Affiliation - School's Representation - If a school represents to students and parents that it is affiliated to CBSE up to XIIth standard, it cannot later deny admission to XIth standard on the ground that it does not have affiliation for XIth standard, as such conduct is arbitrary and violative of the students' rights (Paras 4-5).
Issue of Consideration
Whether a school can deny admission to its own students who have studied from Ist to Xth standard in the same school, to the XIth standard, on the ground that the school does not have CBSE affiliation for the XIth standard?
Final Decision
The court allowed the writ petitions and directed the school to admit the petitioners to the XIth standard in the same school. The court also directed the CBSE to consider granting affiliation to the school for the XIth and XIIth standards.
Law Points
- Right to education
- Admission policy
- CBSE affiliation
- Arbitrariness
- Unreasonable restriction
- Natural justice
