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| HC upholds allegations of favouritism, malpractices against Presentation Convent school | | Parents seek 19 lacs in Consumer Court | | Early Times Report
JAMMU, Nov 21: The Jammu and Kashmir High Court has reportedly upheld the allegations of favoritism and illegal means, allegedly being adopted by management of Presentation Convent School Gandhi Nagar Jammu, levelled by parents of a student, who was denied admission in her choicest stream, despite having very good marks in matriculation examination.
Moreover, the parents have also filed a case in J&K State Commission for Consumers, seeking damages to the tune of over Rs. 19 Lakhs from Presentation Convent School management, and Consumer Court has reportedly directed the school management to present before court in the month of December.
As per the case filed by Anandita Jandyal Mehta D/o Sudershan Mehta R/o Tange Wali Gali Kachi Chawni Jammu in the Consumer Court, it has been maintained that Anandita had been studying in the Presentation Convent School since last around a decade. "She had taken examination of matriculation in the month of March 2014 but in the first week of April 2014, the School Management had furnished lists of students giving grades as per their sweet will besides giving them streams (Medical, Non-Medical, Commerce, Arts), even before announcement of results", they have mentioned.
They have further written that Anandita Jandyal was asked to join classes of Commerce subject but she refused as she was willing to go for Medical stream. "The result was declared on 20th of May and Anandita got A2 grade but surprisingly 15 students got A2 grade and were given stream of their choice except Anandita, who was denied the entry, on the excuse of not joining the classes", they said, adding that before declaration of result the illegal fee charged by school was in cash and those who had settled a deal with the administration had got streams of their choice while as the opinion of parents was never taken by Presentation School like as other CBSE mode schools, for awarding streams, despite the fact that students were minors.
They have further mentioned, "When school refused to admit Anandita in Medical stream, she was forced to take admission in Oriental Academy, where she got 86.80 percent in Class 12th examination in Medical stream despite change of Board from CBSE to JKBOSE. We knocked the door of court, Union Law Ministry, Chief Justice of India after which the case was taken on priority".
"As much precious time was lapsed and taking admission in Class 10thwas of no use, following which we knocked the door of Consumer Court and when High Court also ordered in our favour, we knocked the door of Consumer Commission, seeking compensation to the tune of over Rs. 19 lakhs", they said, alleging that the practice of giving streams in lieu of some influence or settling deals was a norm in Presentation Convent School, which has been making huge money with illegal means.
According to the documents, Justice BS Walia of Jammu and Kashmir High Court in a CMA no. 387/2014 and MP No. 561/2014, titled Anandita Jandyal Mehta v/s Principal Presentation Convent School, the Court has observed, "Civil suit had been filed by the appellant (Anandita) against the Principal Presentation Convent School Gandhi Nagar seeking mandatory injuction to direct the defendant to admit the plaintiff in Class 11 in medical stream for the session 2014-15.
Along with the suit, the appellant had filed an application for interim relief that pending disposal of main case, defendant be directed to admit the plaintiff in the class 11 in medical stream for the session 2014-15. While dismissing the application for the interim relief vide order dated, 2/7/2014, it was observed as under, 'nothing mentioned herein above shall prejudice the merits of the main case which shall be decided on its merits'.
The court had further observed, "On query, learned counsel for the appellant states that the appellant has already appeared in class 12thexamination as private candidate and has secured 85% in the medical stream. Secondly that although the claim of the appellant for admission to class 11 by the respondent in the medical stream for the session 2014-15 has been infructuousby efflux of time yet the appellant has filed a claim for damages before the Consumer Forum at Jammu.
Be as it may, in view of the admitted position as referred to above, the appeal has become infrauctuous for as has been noted by the learned Principal District Judge Jammu in his order dated 2/7/2014, nothing mentioned in the said order shall prejudice the merits of the main case, which shall be decided on its own merits. In view of thereof the appellant is at liberty to pursue the main case and to get a decision on merits. For removal of any doubts, it is clarified that no opinion expressed in the orders on the interim application would have a bearing on the merits of the main case to be decided by Civil Court. |
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