Court dismissed a writ petition seeking school admission. The court found no ground to grant relief as the previously reserved seat was for a non-existent class (Pre-nursery), and the petitioner now requires admission in Class I, which was not part of the current application or order.
None asked; petition dismissed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
MASTER LUV RATHOR ..... Petitioner
Through: Ms. Prerna Tandon and Ms. Mamta Tandon, Advocates
versus
MAXFORT SCHOOL & ANR. ..... Respondents
Through: Ms. Shweta Bari, Adv. for R-1 Mr. Utkarsh Singh and Ms. Prasansha Sharma for Mr. Santosh Kumar Tripathi, SC for DoE
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR
%
JUDGMENT (ORAL) 16.05.2024
1. The petitioner applied to the Directorate of Education (DoE) as an EWS/DG category student for admission to the entry level class in 2023-2024. A computerized draw of lots was held, consequent to which the petitioner was allotted a seat in the KG / Pre-primary class in the Respondent 1 School for the Session 2023-2024. As the respondent-School declined to admit the petitioner, the petitioner has approached this Court by means of the present writ petition seeking a writ of mandamus directing the respondent-School to admit the petitioner in accordance with the outcome of the computerized draw of lots held by the DoE.
Page 1 of 3
Signature Not VerifiedW.P.(C) 9401/2023 Digitally Signed By:AJIT KUMAR Signing Da te:1 7.05.2024 14:35:03
Signature Not Verified Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 17.0 5.2024 14:34:03
2. This petition has come up for final hearing after the 2023-2024 academic session is over.
3. On 18 July 2023, this Court directed reserving of a seat for the petitioner in Nursery / Pre-Nursery.
4. Unfortunately, the allotment which had been issued in favour of the petitioner was for admission to KG/ Pre-Primary. The level below KG/Pre-primary is Nursery/Pre-School. There is in fact no Pre-nursery class. The order dated 18 July 2023 of this Court has, therefore, to be interpreted as reserving a seat for the petitioner in Nursery / PreSchool in the respondent School.
5. In any event, there is no reservation of any seat for the petitioner in the KG/ Pre-Primary, which was the class to which the DoE found the petitioner entitled to admission as per the computerised draw of lots conducted by it.
6. Inasmuch as there is no order of this Court granting provisional admission to the petitioner in any class, and there is no seat reserved for the petitioner in KG/Pre-Primary, which was the grade to which the petitioner was allotted consequent on the computerized draw of lots conducted by the DoE, following the principle laid down in para 15 of the judgment of this Court in Ankit Kumar v. GNCTD1 , it is not possible for this Court, as on date, to grant any relief to the petitioner.
Page 2 of 3 Signature Not Verified Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 17.0 5.2024 14:34:03
Signature Not VerifiedW.P.(C) 9401/2023 Digitally Signed By:AJIT KUMAR Signing Da te:1 7.05.2024 14:35:03
7. It is not in dispute that, today, the age appropriate class to which the petitioner can seek admission is Class I.
8. In that view of the matter, no relief can be granted to the petitioner.
9. The petition is accordingly dismissed.
C.HARI SHANKAR, J
MAY 16, 2024/yg
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1 2024 SCC OnLine Del 3118
Page 3 of 3
Signature Not VerifiedW.P.(C) 9401/2023
Signature Not Verified
Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 17.0 5.2024 14:34:03
Digitally Signed By:AJIT KUMAR Signing Da te:1 7.05.2024 14:35:03
2 issues framed by the court
Whether the Court can grant admission relief despite the petitioner not being entitled to the specific class reserved by the previous order
Whether a seat can be granted in a different class when the specific class for which provision was made is no longer available
Colour shows how this judgement treated each authority
Ankit Kumar v. GNCTDReferred¶20
Ankit Kumar v. GNCTD
MASTER LUV RATHOR
MAXFORT 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
