Disposed

Gursirat Kaur Minor (through Next Friend) v. Directorate of Education & Anr.

Delhi HC6 Aug 2024W.P.(C)/9829/2024

Case brief

AI extract

What is this about?

A minor admitted under Delhi's EWS Scheme was barred from continuing in class 2 at her school on grounds that its wings had different IDs. The respondent school consented to admission, and court granted regular class 2 EWS admission with entitlements per RTE Act; petition disposed.

What did the court decide?

Regular admission in class 2 with all EWS entitlements per RTE Act; DoE to issue fresh student ID within a week if required.

Gursirat Kaur Minor (through Next Friend) Vs… — Education and Admissions | Delhi HC (2024)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9829/2024 & CM APPL. 40361/2024

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GURSIRAT KAUR MINOR(THROUGH NEXT FRIEND).Petitioner

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Through: Mr. Raghavendra Mohan Bajaj and Mr. Shagun Agarwal, Advocates

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versus

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DIRECTORATE OF EDUCATION & ANR. .....Respondents

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Through: Mr. Santosh Tripathi, Standing Counsel, GNCTD, Mr. Divyam Nandrajog, Panel Counsel, GNCTD for R-1 Mr. Sanjay Sehgal, Mr. Shivesh Sehgal, Mr. Anil Kumar Vohra, Advocates for R-2 and R-3

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 06.08.2024

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CM APPL. 40362/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 9829/2024 & CM APPL. 40361/2024

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The present writ petition, filed under Article 226 of Constitution of India, on behalf of the petitioner seeks following prayers:

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“a. Pass an Order directing the Respondent No. 2 to allow the Petitioner to continue the studies as per the EWS Scheme;

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b. Pass an Order directing the Respondent No. 1 to ensure that the EWS Scheme is implemented by the Respondent No. 2; and/or”

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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 13/08/2024 at 11:48:34

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It is stated that the petitioner is constrained to file the present writ petition seeking directions against the respondent no. 2 to allow the petitioner to continue studying in the respondent no. 2 school, as per the Delhi School Education (Free seats for Students belonging to Economically Weaker Sections and Disadvantage Group) Order, 2011 („EWS Scheme‟). It is submitted that the petitioner was allotted Junior Wing of the Respondent No. 2 school for admission in pre-school in 2021-22 session under EWS Scheme. After completing pre-primary, the petitioner was promoted to 1st class in the Senior Wing of the Respondent No. 2 school. However, to the utter shock of the petitioner, on 01.04.2024 i.e., the first day of 2^nd class of 2024-25 session, the respondent no. 2 informed the parents of the petitioner that the petitioner cannot continue studies in their school as the respondent no. 1 has not reimbursed its dues pending under the EWS Scheme. Later, the respondents have taken a belated and false stand that the two wings of the respondent no. 2 school have different IDs and under the EWS Scheme, the petitioner cannot be transferred from one school to another, and the Petitioner has to re-apply afresh for admission in 2^nd class.

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At the outset, learned counsel appearing on behalf of the respondent school no. 2 states that the school has no objection to the petitioner being granted regular admission in the School. He states, on instructions, that the school has already reserved a seat for the petitioner. 6. In view of the aforesaid submissions, the petitioner is granted regular admission in the respondent no. 2 school, in class 2^nd , with all entitlements under EWS category, as per RTE Act. The DoE will issue fresh student identification number to the petitioner, within a week, if so required.

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In view of above terms, the present petition stands disposed of.

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This is a digitally signed order.

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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 13/08/2024 at 11:48:34

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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AUGUST 6, 2024/ns

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Click here to check corrigendum, if any

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Gursirat Kaur Minor (through Next Friend) v. Directorate of Education & Anr.

Case brief

What is this about?

What did the court decide?

Gursirat Kaur Minor (through Next Friend) v. Directorate of Education & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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