Single judge order quashing the cancellation of a minor's school admission. The Court restored the admission and directed payment of a fine to the hospital due to the child's innocence and subsequent proof of genuine income.
Admission restored; penalty of Rs. 5,000 directed to be paid to Lok Nayak Jai Prakash Hospital, Delhi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through Mr.Mukesh Gupta with Ms.Kohika Gaur, Advocates.
versus
MOUNT FORT SCHOOL AND ORS ..... Respondents Through Mr.Romy Chacko, Advocate for R-1. Mr.Siddharth Dutta, Advocate for R-2 & 3.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
Present writ petition has been filed challenging the letter dated 6th April, 2016 whereby the admission of the minor petitioner has been cancelled till the verification of income certificates by the SDM.
Learned counsel for petitioner states that even fresh income certificate of the parents of the minor petitioner still discloses their actual income as less than Rs.1 lakh.
Learned counsel for the petitioner also relies upon the orders dated 21st January, 2016 and 26th February, 2016 passed by this Court in W.P.(C) 557/2016, wherein this Court directed the school authorities not to cancel the admissions of the minors on the ground of the misdeeds of their fathers.
Learned counsel for the respondent-School states that the seats in EWS category are still available with it and the minor petitioner can be accommodated in the school.
Learned counsel for GNCTD states that recently the GNCTD has simplified the procedure for issuance of an income certificate. He also confirms that the new valid income certificate is genuine. He has handed over a copy of verification certificate issued by the Tehsildar (Kotwali) dated 4th May, 2016. The same is taken on record.
As the issue involves the education of a minor and a genuine income certificate has subsequently been furnished and since no fault can be attributed to the minor, this Court takes a lenient view and directs that the admission of the minor petitioner be restored and not cancelled subject to a penalty of Rs. 5,000/- to be paid to Lok Nayak Jai Prakash Hospital, Delhi within a period of two weeks.
This Court may mention that in the case of Master Jai Raikwar and Ors. Vs. The Heritage School and Ors., W.P.(C) No.2219/2016 , it has allowed a similar writ petition.
Needless to say that the minor petitioner shall be entitled to all the benefits/entitlements under the said group. However, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings.
With the aforesaid directions, present writ petition and the application are disposed of.
MANMOHAN, J
MAY 12, 2016 KA
2 issues framed by the court
Whether to restore the admission of a minor petitioner after a genuine income certificate was furnished despite earlier cancellation.
Whether the minor petitioner should be penalized for the misrepresentation of income by parents.
Colour shows how this judgement treated each authority
Master Jai Raikwar and Ors. Vs. The Heritage School and Ors.Referred¶18
Master Jai Raikwar and Ors. Vs. The Heritage School and Ors., W.P.(C) No.2219/2016
W.P.(C) 557/2016Referred¶14
Master Mohd Hamza
Mount Fort School
Manmohan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
