- (1.) S. N. Srivastava, J. By means of this petition, the petitioner has assailed the order dated 20th July, 2006 passed by the Principal, St. Anthony Girls Inter College, Allahabad whereby she was declined admission to 11th standard with Bio-group i. e. physics, Chemistry and Biology.
(2.) THE facts draped in brevity are that the petitioner has been a student of St. Anthony Girls Inter College and she passed her High School in the year 2006. THE subjects choice-drawn by her in the High School were Hindi, English, Home Science, Science, Social Science, and Drawing. Having obtained first division in the High School, the petitioner opted for subjects of Bio-group in the Intermediate i. e. Physics, Chemistry and Biology and in this connection, she also made a representation to the Principal of the college but she was denied the opted subjects on the premises that she had not passed High School with Math as a subject and since physics necessitated studies of Math, she would not be able to cope with the strain involved in Physics as a subject. Aggrieved by the order, the present petition has come to be instituted. The learned Counsel for the petitioner canvassed that the science stream consists of two groups known as Physics, Chemistry and Math and Physics Chemistry and biology and the science subject studied by the petitioner in the High School included study of Physics, Chemistry and Biology and by this reckoning, he argued that there can be no difficulty in assigning science subject with bio-group to the petitioner in the Intermediate. The learned Counsel also argued that the impugned order declining subjects with bio-group to the petitioner in the 11th standard suffers from error apparent on the face of the record and the order is liable to be quashed. Per contra, Sri Namvar Singh, learned Counsel appearing for Opp. Party No. 3 relying upon annexure 1 to the counter-affidavit, contended that the college had taken a policy decision the substance of which is that unless a student has taken math as one of the subject in the High School, she is not entitled to claim subjects of science stream. He also contended that in the High School, she had not opted for Mathematics and instead, she had opted for subjects like Home Science and Drawing, she cannot be assigned any subject in the science stream. The learned Counsel replicated the contents of the impugned order arguing that study of Physics involves a good-deal of Maths and hence the student who takes Maths in the High School is allowed to opt for subjects of science stream in the Intermediate. The learned by way of clarification, apprised the Court that the Intermediate Education Act and the Rules framed thereunder are silent on the aspect and further that College being minority Institution is competent to formulate its own policy regulating admission and in consequence, the college formulated policy providing therein that those not having Mathematics as a subject in High School cannot be allowed to opt for subjects of science stream. In view of nature of controversy involved in this petition, the Court sought assistance from the learned Standing Counsel as well. The learned Standing Counsel placed credence on an order passed by the District Inspector of Schools, which forms part of counter-affidavit filed by one M. K. Raizada on behalf of the State of U. P. The order of the District Inspector of Schools dated 18-8-2006 has been taken on record. The learned Counsel submitted relying upon policy as also various records including the order of the District Inspector of Schools aforesaid that there are two groups in science subject, the first group is known as P. C. M. i. e. Physics, Chemistry and Mathematics and the other group is called P. C. B. Physics, Chemistry and Biology. It is further submitted that it is permissible for those having bio-group in High School to seek admission opting for subjects of bio-group i. e. physics, chemistry and biology and mathematic as a subject cannot be treated as indispensable for those opting for bio-group in the science stream.
(3.) ON being confronted with the above elucidation made by learned Standing Counsel, the learned Counsel for the Opp. Party switched to emphasize that the college had taken a policy decision that those opting for subjects in any group of science stream, must have studied mathematics in High School and the Institution had been adhering to its policy decision for quite long time and has not deviated from its policy decision in any circumstance nor any student who had not studied mathematics in High School has ever been assigned any subjects in science stream in the Intermediate. The learned Counsel also assailed the order of the District Inspector of Schools relied upon by the Standing Counsel stating that this letter cannot be treated as a mandate further urging that it is not worthy of any credence being one militating against policy decision of the college. The learned Counsel heavily relied upon T. A. M. Pai case urging that the college being minority institution its autonomy has been guaranteed by the aforesaid decision. Now the question that crops up for consideration in the present case is whether policy decision taken by the college for admission to intermediate classes making mathematic a compulsory subject in the High School for admission to bio-group stream of science in intermediate is arbitrary and is one taken in accordance with the law.;