Legal Reference Library

Students who pass the class X Board examination in a CBSE school cannot claim automatic admission to class XI in the same school if the institution switches its affiliation to the State Board for higher secondary classes, the Madras High Court (Madurai Bench) has ruled. Allowing a writ appeal preferred by a private school based in Thoothukudi district, Justices Nooty Ramamohana Rao and S.S. Sundar said the schooling facility offered by such institutions must be considered to have come to an end when students pass out of Class X. “It is for the student concerned to exercise the option of either continuing in CBSE pattern in Class XI and XII or switching over to State Board syllabus. If a student decides to continue his studies in Standard XI and under the CBSE pattern, he has to obviously seek admission in some other educational institution where such facilities are available,” the Bench said. “On the other hand, if he [the student] opts to switch over to State Board of education, t...

 A driver who was sacked by a private school in 2003 has secured a judgment from the Supreme Court forbidding recognised schools in Delhi from dismissing any employee, including teachers, without "prior approval" of the director of education. In its judgment on April 13, SC upheld a provision in the Delhi School Education Act 1973 that requires all recognised schools to obtain the government's approval before sacking an employee. The section — 8(2) of the DSEA 1973 — had been struck down by the Delhi high court in July 2005. Terming the 2005 decision "bad in law", the apex court observed, "The intent of the legislature while enacting the same (Section 8(2)) was to provide security of tenure to employees of schools and to regulate the terms and conditions of their employment." Activists said the judgment will check "victimisation" of teachers who dare to raise their voice against arbitrary and illegal decisions of private school managements...

Justice V. Chitambaresh of Kerala High Court has on Thursday(31/03/16) held that the practice of insisting a student to undertake the entire examinations for a mere failure in a single theory / practical exam is unreasonable and arbitrary. The Judgment[(Dr Geethu.S and another v Kerala University of Health Sciences and others) was delivered in a petition filed by two students along with some other connected W.P(c)’s which had been filed alleging inconsistency between the regulations fixed by Kerala University of Health Sciences(KUHS) and Medical Council of India(MCI).The petitioners were not declared successful in the Post-graduate Medical course for the reason that they had failed to secure the minimum marks in one of the four theory papers or in one of the clinical/practical tests. They further challenged the condition in the KUHS regulations ,which insisted that to secure a pass ,they had to undertake the entire examinations including the whole subjects/theory once again. The challe...