SHANEELKUMAR S SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a citizen of India and a student of St. Xavier's School, Ahmedabad. He passed Secondary School Examination, i.e., 10th Std. which is a public examination conducted by the Board of Secondary Education established under Gujarat Secondary Education Act. It is the terminal examination of the first stage of the 10+2+3 scheme of imparting education adopted by the State of Gujarat and the next stage for pursuing further studies is plus 2 course as school education consisting of class 11 and 12 in different streams. The eligibility conditions for pursuing further studies in Commerce stream contained in Resolution No. EDS. 9176/55435-B, dated 19-6-1976 issued by the State of Gujarat stipulate that a student must be S.S.C. with English and Commercial Mathematics. The petitioner being eligible in terms of these qualifications sought promotion to class 11 and 12 in his parent school in Commerce stream. St. Xavier's School imparts education upto 10th Std. in English medium as well as Gujarati medium. The petitioner sought promotion to class 11 in Commerce stream as per the aforesaid eligibility criteria. He secured in all 218 marks at the secondary examinations in the relevant subjects. His case is that he has been denied admission notwithstanding he is standing in higher order of merit. Students aggregating upto 212 marks have been admitted in class 11 by promotion and even students admitted from outside, that is to say, on free seats, include a student securing lesser marks in aggregate than obtained by the petitioner.

(2.) The school is administered by the public charitable trust known as Ahmedabad Jesuit School Society and claims to be a minority institution belonging to and established and managed by Christian community pursuing Roman Catholic faith. The case of the respondent school is that the school is imparting education in Commerce stream only in English medium, therefore, it has admitted only such students who have been taught in English medium up to 10th Std. and students who studied through other than medium of English language are not considered for admission to class 11, whether by promotion or fresh admission. The only exception, which according to the respondents carved out is in favour of a student securing first position in Gujarati medium 10th class in the school, that too as a reward and not as a relaxation in eligibility criteria.

(3.) The short question which has arisen before me is whether the language in which medium of instruction has been followed at the qualifying examination can furnish a reasonable and rational criterion for excluding from consideration the petitioner's case for admission to the St. Xavier's School, which is a minority institution receiving aid from the State Government, for running the school.