Petitioner challenged refusal of school admission for his daughters, alleging unfair examination pattern. Court examined records, found examination conduct regular and refusal based on relative merit due to seat shortage, dismissing the petition.
Petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1546 OF 2009
Dr.Layeeq-ur-Rehman S/o. Mazhar Ali Khan, Age 43 years, Occupation-Doctor, R/o.36, Professors’ Colony, Himayat Bagh, Aurangabad PETITIONER
VERSUS
All C/o.Stepping Stones High School, Gut No.48/8, Harsul-Jalgaon Road, Savangi, Aurangabad.
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Through Chairman, Central Board of Secondary Education, Delhi. RESPONDENTS
Mr.S.S.Kazi, learned counsel for petitioner. Mr.S.D.Joshi, learned counsel for respondent no.2 to 5. Respondent no.6 is deleted as per order dated 04/05/2009.
(CORAM : P.V.HARDAS AND
A.V.POTDAR, J.J.)
DATE : 27/07/2009
PER COURT :
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petitioner therefore has filed the present petition. Shri.Kazi, learned counsel for the petitioner has urged before us that the pattern of the written examination, which was set for such tender aged students was beyond the capacity of the students as the students were called upon to write an essay. It is also urged before us that no merit list was displayed and consequently the petitioner was unable to discern the number of marks obtained by his daughters and their relative standard in the merits. It appears that this Court has issued notice and called upon the respondents to produce the relevant record. The relevant record has been produced before us.
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of students displaying the total marks obtained by them is also available for our perusal. The first file contains list of students from Sr.No.1 to 60. The second file contains list of students from Sr.No.61 to 120. The third file contains list of students from Sr.No.121 to 160 and the 4th file contains list of students from Sr.No.161 to 215. We have perused the answer sheets and have cross checked the marks obtained by some of the candidates. We do not find any irregularity in the conduct of the aforesaid examination. We therefore do not find that interference is warranted in this petition. Unfortunate, it may seem that the daughters of the petitioner have not been granted admission, but this is on account of their relative merit. In the circumstances, therefore we dismiss the petition with no order as to costs.
(A.V.POTDAR, J.)
(P.V.HARDAS, J.)
khs/JULY 2009/wp1546-09
3 issues framed by the court
Whether the High Court should interfere in the admission process of a private educational institution when applicants outnumber available seats.
If the written examination pattern and conduct of the selection process were arbitrary or unfair.
Whether there was any irregularity in the refusal of admission to the petitioner's daughters based on merit.
Dr.Layeeq-ur-Rehman
Raj Educational and Charitable Trust
Dr.Murtuza Fida Ali
Mrs.Insiya Hussain
Mrs.Naseem Rahim
Mr.Kunwar Deepak Singh
P.V.HARDAS
A.V.POTDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
