PRINCIPAL DELHI PUBLIC SCHOOL Vs. PRIYANKA PRIYADARSHINI

JUDGEMENT

(1.) This is an appeal by the Principal, Delhi Public School, Naico Nagar, Angul. The complainant Priyanka Priyadarshini and other students through their legal guardians aproached the District Forum, Angul for relief under the C. P. Act against the Principal for not allowing them to continue their study as student in Class XII of the said school.

(2.) The case of the complainant was that they were admitted to Class XII of the school during month of April, 2003 on payment of tuition fees. During the second week of June, 2003 they were asked to appear for the compartmental examination for the subjects of Class XI in which they had failed. Since they failed in that compartmental examination, therefore, the authorities did not allow them to continue in Class XII. That the present appellant arbitrarily conducted a second compartmental examination for these students who did not appear in the first compartmental test for Class XI and then allowed them to continue in Class XII. It is further their case that the compartmental examination for Class XI was supposed to be during month of April, as per the school calendar but the authorities intentionally conducted the compartmental examination in the month of June, and this violated the provisions of the set of rules published for the school by the appellant vide school diary.

(3.) It is the case of the school that the complainants did not pass the subject for which they were required to appear in a compartmental test. But with a view to facilitate to keep in touch with their studies and for their interest only the authorities allowed them to take admission in Class XII expecting that they would be successful in the compartmental examination. Their continuance in higher class was dependent on their passing the compartmental examination for Class XI. In other words the authorities in fact expected these students to pass in the compartmental test under the circumstances and, therefore, with that bona fide belief they admitted them into the Class XII. But that itself did not give them any right to continue merely because they were allowed to study in that class.