PRINCIPAL ST.ANTHONY CONVENT GIRLS INTERMEDIATE COLLEGE, ALLAHABAD Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2011-1-229
HIGH COURT OF ALLAHABAD
Decided on January 18,2011

Principal St.Anthony Convent Girls Intermediate College, Allahabad Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

JAYASHREE TIWARI,J. - (1.) WE have heard Sri Sanjiv Singh for the appellant. Learned standing counsel appears for State respondents.
(2.) THE Principal, St. Anthony Girls Intermediate College, Allahabad is aggrieved by the judgment of the learned Single Judge dated 18.9.2006 in writ petition No. 40997 of 2006, by which the court allowed the prayers made by Km. Hena Farheen, minor daughter of Sri Mohd Irfan to choose Physics, Chemistry and Biology as subjects in Class XI for intermediate examination. The School had denied her choice of subjects by the appellant College, on the ground that she did not have Mathematics in High School. Learned Single Judge held that there is no restriction made by the Board of High Schools and Intermediate Education, U.P. to admit the students in science stream with Physics, Chemistry and Biology in intermediate, if they did not study Mathematics as a subject in High School. The School could not have restricted her choice to opt for science stream, on the ground that she did not have Mathematics as a subject in High School.
(3.) LEARNED Single Judge further held that fundamental rights of the minority to establish and administer educational institutions, are not absolute. They are subject to reasonable regulations for the benefit of the institutions as the vehicle of education, consistent with national interest.;


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