Petitioner sought admission under EWS category for past academic session. Court held prayer infructuous as session expired. Declared no seat reserved for petitioner, so seat carries forward to public pool.
Prayer for admission set aside as infructuous; no relief granted.
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ARNAV (MINOR) THROUGH RAJ MOHAN
HIS FATHER .....Petitioner
Through: Mr. Sparsh Bagga & Ms. Ansh Yadav Advocates for petition/Applicant
versus
DIRECTORATE OF EDUCATION GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Karn Bhardwaj, ASC GNCTD with Mr. Shubham Singh, Mr. Rajat Gaba and Mr. Saurabh Dahiya, Advocates for R-1/DoE. Mr. Yogesh Kumar, Advocate for R- 2/School
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R % 23.09.2024
has been filed on behalf of petitioner seeking following prayers:
“...I. Direct Respondent No. 2 to admit the Petitioner in the EWS Category and set aside Respondent No. 2's decision to not admit the Petitioner's admission in the EWS Category;
Il. Direct Respondent No. 1 to take whatever steps are necessary to 15 ensure that the Petitioner is able to get admission in School run by the Respondent No. 2;
III. Until the outcome of this writ petition, Direct that the Petitioner be allowed to get his education in Respondent No. 2 School on a provisional basis in the EWS Category, subject to
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the outcome of this writ petition;
IV. In the alternative to Prayer (C), reserve a vacancy for the Petitioner in Respondent No. 2 School in Pre-Nursery, pending the outcome of the present writ petition;
V. Direct Respondent No. 2 to pay compensation to the Petitioner for its callous and insensitive attitude;
VI. In the event that this Hon'ble Court grants the above reliefs, direct the Respondent No. 2 to not harass the Petitioner and let his pursue his education with utmost respect and cooperation...”
“ 4. Unfortunately, the 2023-2024 academic year is over. The allotment made by the DoE consequent on the computerised draw of lots was for the year 2023-2024 .
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student for the 2024-2025 academic session.
6. I may note, here, that students who approached the Court seeking admission on the basis of an allotment made by the DoE consequent on the computerised draw of lots fall into three categories .
10. School X refuses to admit the student, whereupon she institutes a writ petition before this Court, before the end of the 2023-2024 academic session. The writ petition, however, comes up for hearing after the 2023-2024 academic session is over.
11. In such a situation, the Court cannot, quite obviously, direct School X to admit the petitioner in the 2023-2024 academic session. Can the Court, then, direct the petitioner to be admitted in Class I (the next higher class) in the 2024-2025 academic session, though the petitioner never applied for, and does not have in her favour, any allotment by the DoE to Class I in School X for 2024-2025?
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 09:04:24
If, therefore, the Court finds the denial of admission to the student by the school to be legally unsustainable, it can allow the writ petition by finally directing admission of the student in the class in which the student is studying, in School X, at that point of time, thereby making the interim order absolute.
15. If, however, there is neither any interim order of provisional admission or directing reserving of a seat for the petitioner passed by the Court, then, after the academic year is over, the right of the student to be granted admission to the school would perish with the coming to an end of the 2023-2024 academic year. The petitioner would not have any seat allotted by the DoE in her favour in Class I in the school for 2024-2025. Further the unfilled seats in Kg/Pre-primary in 2023- 2024, even if carried forward, would then be available for all EWS students who seek admission in class I for the academic year 2024- 2025, as no seat has been reserved for the petitioner under any interim order of the Court. It would be unfair, therefore, to deny such EWS applicants for the 20242025 academic year one seat merely because there was an allotment in KG/Pre-primary in 2023-2024 in favour of the petitioner which did not fructify. That seat, even if carried forward, would be available for being filled by all EWS students who would have to apply and compete in the computerised draw of lots held by the DoE.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 09:04:24
petitioner did not seek to enforce that right, by approaching this Court, in the 2023-24 academic year, during which alone the right subsisted.
SWARANA KANTA SHARMA, J
SEPTEMBER 23, 2024/zp
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 09:04:24
2 issues framed by the court
Whether a writ petition for school admission in a past academic year (2023-2024) can grant relief when the year is already over.
Whether the petitioner is entitled to admission in Class I for the current academic year based on a reserved seat from the previous year.
Colour shows how this judgement treated each authority
Ankit Kumar through his father Shyam Sundar Kumar v. Government of NCT of Delhi & Anr.Referred¶25
Ankit Kumar through his father Shyam Sundar Kumar v. Government of NCT of Delhi & Anr.; W.P. (C) 5523/2024
1 provisions across 1 enactments
ARNAV (MINOR) THROUGH RAJ MOHAN HIS FATHER
DIRECTORATE OF EDUCATION GOVT. OF NCT OF DELHI
SCHOOL
SWARANA KANTA SHARMA
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
