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Promote student to Class 10: HC to school

india Updated: Jul 25, 2009 01:00 IST
HT Correspondent

A Cuffe Parade school that detained a 15-year-old student in Class 9 has been ordered by the Bombay High Court to promote him to Class 10.

A division bench of Chief Justice Swatanter Kumar and Justice A.M. Khanwilkar on Friday asked G.D. Somani School at Cuffe Parade in south Mumbai — which follows the Indian Certificate of Secondary Education Examination (ICSE) syllabus — to immediately promote Aman Shah (name changed) to Class 10, noting that he has already missed nearly one-and-a-half months of the current academic year.

Shah moved the HC in May saying he had cleared Class 9, but the school had still detained him saying his performance was not “as per the required level”.

By ICSE rules, a student is declared passed if he clears five subjects — which Shah has done.

P. Harindran, the school’s advocate, argued that till Class 9, G.D. Somani is governed by the state Education Department’s Secondary School Code, which says a student has to pass in all subjects to be promoted to the next class.

Shah has failed in two subjects, Mathematics and Physics, said Harindran.

Opposing this, Shah’s counsel Jamshed Mistry said the Secondary School Code would not be applicable since G.D. Somani follows the ICSE syllabus.

The court has asked Maharashtra government counsel Jasbir Saluja to check with the state Education Department if the Code is indeed applicable as claimed by the school.

When the court asked the school to promote Shah, Harindran sought a stay on the order for a week. “We are not going to grant any stay in this matter,” the Chief Justice said.

Shah appeared for seven subjects and scored more than the pass standard, i.e. a minimum 35 per cent in five subjects.

Accordingly, says his petition, he should have been awarded a pass certificate and promoted to Class 10.

The petition notes that Shah, who joined G.D. Somani School on June 23, 2003, from Class four, has a reasonably good academic record.