Class 10th pass student has right to get admitted in Class 11th in same School: Supreme Court

In a recent landmark ruling by Supreme Court, a student who has studied till Class 10th in any school has been granted the right to be admitted in Class 11th in the same school.

Though Supreme Court dismissed the Petition of a similarly placed students, due to peculiar facts and circumstance of the case, however, in landmark observation, is held as under:

“ 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.”

In the present case, a student had filed case against a Chandigarh based private school for not giving admission in “medical stream” citing ‘low aptitude’ for the said stream, instead was offered “commerce stream”. The student being aggrieved had first approached the High Court unsuccessfully before filing SLP in Supreme Court.

EduLegaL View:

Many private school throw their Class 11th Standards open for public to attract meritorious students to improve results and standings. In this pursuit, a student having studied till class 10th in a school is denied the opportunity to continue in the School.

This Judgement echoes the larger cause of the student community. Class 11th and 12th being critical for a child’s future, it is important that a student is comfortable in the learning ecosystem. Sudden change on the basis of some aptitude test or scholastic evaluation may disturb a student, affecting his career.

However, many states in the country follow “Centralised Admission Process” for admission to class 11th. We need to understand the impact of this Judgement on such existing systems.

The Judgement is also balanced in the sense that it also entitles the School to decide the stream depending on merit and performance.

Ravi Bhardwaj | mail@edulegal.in

 

 

 

 

 

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