N. K. Mehrotra, J. - (1.) THIS is a petition for issuing a writ in the nature of mandamus directing the opposite parties to allow him admission in the Institution St. Michael Convent School at Mankapur I.T.I. Ltd. Campus in Class XI in Science Group subject.
(2.) THE case of the petitioner is that his parents are the employees of Indian Telephone Industries Ltd. Company Mankapur, district Gonda and St. Michael Convent School is situated at the campus of I.T.I. at Mankapur. THE petitioner has passed Class-X as a regular student of St. Michael Convent School at Mankapur by obtaining 55.6% marks in total and 63% marks in Mathematics and 53% marks in Science subject. He was permitted to study in Class XI in Science group but when the final admission was given after declaration of the result, he was offered admission in Commerce group and he has been refused Science and Mathematics group in Class XI. According to the petitioner, the seats in different sections are available. It is alleged that St. Michael Convent School at Mankapur I.T.I. Ltd. is run and managed by the opposite parties only for the wards of the employees of I.T.I. Limited, Mankapur. Since the wards of the employees of Indian Telephone Industries Ltd. at Mankapur have first priority, the opposite parties Nos. 2 and 3 are bound to give admission to the wards of the employees of the company with the subject of their choice. Besides, the aforesaid relevant facts, the petition is full of irrelevant averments with regard to the transfer and posting and different actions taken by the opposite party No. 1 against the parents of the petitioner. The opposite parties Nos. 1 and 3 have filed the counter-affidavit. The case of the opposite parties is that the mother and father of the petitioner have been transferred from Mankapur and their transfer order dated 28.11.2001 has become final. The parents of the petitioner are occupying Flat No. 440 situated at Sanchar Vihar, Mankapur, district Gonda while both the parents are posted at Meerut under I.T.I. Limited Naini Unit. The petitioner is also staying in Flat No. A-440 and he can only study in St. Michael Convent School at Mankapur if, he stays out side campus of I.T.I. Limited, Mankapur but his admission to Class XI has not been refused on this ground. The petitioner has been refused admission in Science stream because he has not secured 62% marks, the minimum criteria prescribed for admission in Class XI. This criteria was decided by the Principal of the School vide his Notification dated 19.6.2004 Annexure-SCA-22. It is alleged that St. Michael Convent School at Mankapur is being run by Catholic Diocese of Lucknow, Bishop House, Hazratganj, Lucknow. The Catholic Diocese is running the said school in pursuance to the agreement dated 3.2.2004 with I.T.I. Ltd., Mankapur. A copy of the said agreement is Annexure-SCA-23. A perusal of this agreement would show that under Clause 12, the Principal is the whole sole authority in granting admission to children/wards of I.T.I. employees or to the children of non-I.T.I. employees. The children of non-I.T.I. employees' are admitted in the school in pursuance to the Clause 11 of the agreement. I have heard the petitioner in person and Shri Vivek Raj Singh, advocate for the opposite parties Nos. 1 and 3. Clauses 11 and 12 of the Agreement between the opposite parties Nos. 1 and 3 are as follows : "11. That Little Flower Nursery School and St. Michael's Convent School shall primarily admit the children of I.T.I. employees and collect the school fees as approved by the I.T.I. every year. If, vacancies still exist after admitting I.T.I. employees' children, they will be made available to deserving non-I.T.I. parent's children. Admission to non-I.T.I. employees' children will be only after the clearance of P&A Head. The children of Staff of both these schools are exempt from this obligation. The school fee as approved by I.T.I. every year for I.T.I. employees children and non-I.T.I. parents children shall be collected by Little Flower Nursery School and St. Michael's Convent School. 12. However, admission to I.T.I. employees' children/wards or non-I.T.I. children to any class depends upon fulfilling the required standard of the class and the decision of the Principal will be final in this matter."
(3.) A perusal of the whole agreement Annexure-SCA-23 goes to show that the opposite party No. 3 is not bound to provide admission to the wards of the employees of the I.T.I., even if, such ward does not fulfil the required standard. The standard is prescribed by the Principal of the College and on 19.6.2004, the Principal has prescribed the standard by indicating cut off marks for Science stream as 62% in aggregate and for Mathematics and Biology 80.37% in English, Maths and Science in aggregate. There is nothing wrong if, the Principal has prescribed this criteria for which, he is fully authorised. Therefore, the petitioner cannot have any legal right to challenge this criteria. The petitioner does not fulfil this criteria. Therefore, no relief can be granted to such petitioner by issuing mandamus to the Principal of a college to provide admission to the student in Science stream who is having the below standard marks or by giving some relaxation by ignoring the claim of the others who are meritorious than the petitioner. So far as the claim of the employees of the I.T.I., Limited, Mankapur is concerned, there is nothing in the agreement Annexure-SCA-23 that the opposite party No. 3 shall be compelled to provide admission to the wards of the I.T.I. employees' even if, the wards of such employees are found below the standard. In this case, the petitioner has not been refused admission but he has been refused only admission in Science stream. Moreover, the parents of the petitioner are not posted at Mankapur, therefore, such relief by issuing a writ of mandamus can be granted in this writ petition.;