Choice of subjects as a right
Can a ICSE affiliate school give a notice to there parents that there ward will be unable to read science subjects if they fail to achieve 65% marks in class VIII final exam( Subjects are - Math, Phy, Che, Bio& Com. Application each.) Can the school authority seize the right to study science from the boys of class IX, & can they force the students to take the commerce subjects like economics For group - III categories & commerce subjects.
Dear Kamal Singh,
The question you have posed is a matter of great concern. To answer your question, it is not legally permissible.
I strongly suggest you to take up the matter and file a public interest litigation (PIL).
Frankly speaking, its not going to help the student you care about but will be very helpful for others student and will also discourage schools indulged in such practice.
All the best.
Yes, a school can do so. It is mentioned in Chapter II of the ICSE Class X Rules and
Regulations that, “The responsibility for the correct selection of subjects to meet university
requirements of a candidate or candidates will be that of the Head of the School.” Hence, a
Council for The Indian School Certificate Examinations [CISCE] affiliated school can regulate
a student’s choice of subject and restrict him/her from opting for subjects of his/her choice. It
is within the capacity of the Head of the school to set a minimum benchmark to evaluate
whether the student can meet the necessary requirements.
In the case of T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, it was held that under Article 26 (a) of the constitution , minority run institutions are allowed to form their own rules and run their schools and colleges in any way they deem fit.
If, in case, the ICSE school that your child studies in is Christian management run, chances are that they are allowed to frame such rules under Article 26 (a) of the constitution, thus you are bound to follow their set rules.
However, the Supreme Court, in the recent judgment on NEET (TRANSFER CASE (C) NO(S).7 OF 2013, TRANSFER CASE (C) NO(S).58 OF 2013 , TRANSFER CASE (C) NO(S).132-134 OF 2012 among others) pointed out that reasonable rules made by the government, are also applicable to all institutions, including minority run ones
So, if in case the said school is not Christian or minority management run and you want to take your chances by proving that such rules are un-reasonable, you can approach the High Court and ask the Court to use its powers under Article 226 of the Constitution to direct the school to quash the aforementioned rule as it violates the right of parents and their wards to choose any stream that they may so want to.
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