IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6422 of 2008 Date of decision: 5th May, 2008 Parveen (Minor) though his father Sh.Ram Pal … Petitioner Versus Central Board of Secondary Education and another … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vikram Singh, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for respondent No.1. Mr. Rohit Khanna, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been filed by Parveen, a minor through his father Rampal. Parveen was a student of class 10+1 in a private school (Shri Janki Dass Kapoor Public School), which has been impleaded as respondent No.2, through its Principal. It has been stated in the writ petition that the petitioner-Parveen appeared in 10+1 examination conducted by the school in March 2008. Father of the petitioner was informed by the Principal of the school that he has obtained 39.53 percent marks in aggregate and he was given two options by the Principal that either the student should continue to study in 10+1, that is the same class Civil Writ Petition No. 6422 of 2008 and will not be declared as ‘pass’ or a transfer certificate will be issued, mentioning the petitioner having passed the examination, so that Parveen can seek admission in another school. It has been contended in the writ petition that the pass percentage prescribed by Central Board of Secondary Education, respondent No.1, is 33% and therefore action of the school-respondent No.2 is totally unjust and unfair. We had issued notice of motion. In reply filed by the school, it has been stated that Parveen had passed Matric from some other school and got admission in the respondent-school only in class 11th. The present result of the student was not satisfactory and his parents were informed in writing with regard to the progress of the student in the school. It has been stated that the school, in order to ensure quality and excellence in the result, has kept 50% pass percentage in each subject and 60% at least in total aggregate. This criteria is also written in the school diary as well as in the report card and the guardian/ parents were made to understand about this criteria at the time of admission itself. It has been further stated that Parveen by securing 39.53 % does not conform with the criteria of the school. During the course of arguments, counsel for the school has stated that in a class, where all other class-fellows of the petitioner- Parveen had secured 60% in total aggregate, it will not be possible for the petitioner to cope up with the studies and will lag behind in the class. We have heard counsel for the parties. We are conscious that respondent No.2 is a Principal of the school. Even if we enforce school to retain the petitioner as a student in class 12th, the petitioner, who is a minor child, will not be studying in a congenial atmosphere. A child being of impressionable age, his welfare is of paramount consideration for us. We 2 Civil Writ Petition No. 6422 of 2008 fear that the child, due to the bickering in a hostile atmosphere, would suffer for his whole life. Therefore, we do not intend to issue any writ against the school to continue with the petitioner as a student. We have been assured that petitioner will be issued transfer certificate having passed the 11th class, so that petitioner is able to secure admission in any other school. In view of the submissions made by the counsel for the school, present writ petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE May 05, 2008 rps 3