EWS student shortlisted for Nursery/Pre-primary admission for 2023-2024 was denied admission by the school. The Court held the draw of lots outcome is academic year, class and school specific and lapsed with the academic year, and declined to direct admission to Class I in 2024-2025 since no fresh application or shortlisting existed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
LAXMAN ..... Petitioner
Through: Mr. Amit Srivastava, Adv.
versus
GOVERNMENT OF NCT OF DELHI & ANR
..... Respondents
Through: Mr. Utkarsh Singh, Adv. for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) for the DoE Mr. Rajeev Gupta and Mr. Ankit Hooda, Advs. for Respondent 2
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (O R A L)
%
02.04.2024
W.P.(C) 4522/2024
1. This is one more of the cases in which, despite the petitioner’s name having been shortlisted for admission to the entry level class in Respondent 2 school (the School), the school declined admission to the petitioner, compelling the petitioner to institute the present writ petition.
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2. The petitioner applied with the Directorate of Education (DoE) for admission of his daughter Tamanna as a student belonging to the Economically Weaker Section (EWS) at the entry level class for the academic session 2023-2024.
3. A computerised draw of lots was conducted by the DoE, following which Tamanna was shortlisted for admission to Class Nursery/Pre-primary in the school.
4. On the petitioner approaching the School, the School declined admission to Tamanna. The petitioner, thereafter, claims to have approached the statutory authorities including the DoE, but to no avail, leaving the petitioner with no option but to institute the present writ petition.
5. Unfortunately, the horses have bolted in the meanwhile.
6. Tamanna’s name was shortlisted for admission to Nursery/Preprimary in the School for the academic session 2023-2024. The petitioner had applied for admission to the entry level class as an EWS student with the DoE for the academic year 2023-2024. The DoE also shortlisted the name of Tamanna for admission for the academic session 2023-2024.
7. The academic year 2023-2024 has, however, unfortunately, come to an end on 29 March 2024.
8. The prayer in this writ petition is to direct the School to admit Tamanna in pursuance of the computerized draw of lots conducted by
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the DoE and the outcome thereof to the Nursery/Pre-primary class for the academic session 2023-2024. As the said academic year in fact has come to an end, it is obvious that this Court cannot grant the said prayer.
9. Mr. Amit Srivastava, learned Counsel for the petitioner then prays that this Court may, in the interest of doing complete justice, direct the School to admit Tamanna to Class I for the academic year 2024-2025.
10. That, unfortunately, cannot also be done, in my opinion. I have also taken a view in that regard in Jiya v. Maharaja Agrasen Model School1 . A coordinate Bench of this Court has also taken a similar view in the decision in Bushra Riyaz v. GNCTD2 .
11. A student belonging to the EWS has a right to claim admission to the School to which her or his name has been shortlisted following the computerized draw of lots conducted by the DoE, but in terms of the outcome of the said draw of lots . The outcome of the draw of lots is academic year, class and school specific. Once that academic year has come to an end, the benefit of the outcome of the draw of lots ceases to be available to Tamanna.
12. The petitioner has not applied for admission of Tamanna to any school in any class for the academic year 2024-2025 as an EWS student. Obviously, therefore, Tamanna has also not been shortlisted by the DoE for admission for the academic year 2024-2025 in any
1 2024 SCC OnLine Del 2126 Signature Not Verified
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school.
13. There may, on the other hand, be children who have actually applied for admission as EWS students for the academic year 20242025 to Nursery/Pre-primary/Class I. If they are shortlisted for admission to the respondent School, their legitimate rights cannot be prejudiced at the altar of Tamanna, who has not applied with the DoE for admission as an EWS student for the academic year 2024-2025.
14. Needless to say, it would be open to the petitioner to apply for admission of Tamanna in accordance with law as an EWS student for the academic year 2024-2025. If such an application is made, the DoE would obviously process the application in accordance with law.
15. The relief sought in the present petition cannot, therefore, be granted. This Court also is not in a position to direct the School to grant admission to Tamanna in the academic year 2024-2025, as she has not been found entitled to such admission consequent to any draw of lots conducted by the DoE.
16. Regrettably, therefore, this Court is not in a position to grant relief to the petitioner.
17. The writ petition is, accordingly, dismissed.
CM APPL. 18442/2024 and CM APPL. 18443/2024
18. These applications do not survive for consideration and are
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disposed of.
C.HARI SHANKAR, J
APRIL 2, 2024 rb
Click here to check corrigendum, if any
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2 issues framed by the court
Whether a child shortlisted via EWS draw of lots for academic year 2023-2024 could be admitted after that academic year ended.
Whether the Court could direct admission to Class I for 2024-2025 without a fresh draw of lots.
Colour shows how this judgement treated each authority
Jiya v. Maharaja Agrasen Model SchoolFollowed¶10
2024 SCC OnLine Del 2126 · Who else cites this
Bushra Riyaz v. GNCTDRelied on¶10
2012 SCC OnLine Del 4648 · Who else cites this
Laxman
Government of NCT of Delhi
Respondent 2 (School)
C. HARI SHANKAR
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
