Deepak Raj vs The Principal Apeejay School And Ors on 16 November, 2023

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Delhi High Court - Orders

Deepak Raj vs The Principal Apeejay School And Ors on 16 November, 2023

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14843/2023 and CM APPL. 59074/2023
DEEPAK RAJ ..... Petitioner
Through: Mr. Narendra Kumar Upadhyay, Mr.
Kuldeep Sharma and Mr. Nand
Kumar, Advocates.
versus

THE PRINCIPAL APEEJAY SCHOOL AND ORS
..... Respondents
Through: Mr. Kamal Gupta, Mr. Sparsh
Aggarwal, Mr. Manish Vashist and
Ms. Kriti Gupta, Advocates for
School.
Mr. Utkarsh Singh, Advocate for Mr.
Santosh Kumar Tripathi, Standing
Counsel (Civil) for DoE.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER

% 16.11.2023 CM APPL. 59073/2023_(Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

W.P.(C) 14843/2023 and CM APPL. 59074/2023 By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to respondent No. 1/Apeejay School, Sheikh Sarai ('school') to grant to his ward - Prinsikha Choudhary - admission in Class : Nursery/Pre-School for the Academic Session 2023-2024 under the EWS/DG Category.

2. Issue notice.

W.P.(C) 14843/2023 Page 1 of 2

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 17/11/2023 at 23:41:22

3. Counsel, as above, appear for the respondents on advance copy;

accept notice; and seek time to file counter-affidavit.

4. Let counter-affidavits be filed within 04 weeks; rejoinder thereto, if any, be filed within 03 weeks thereafter; with copies to the opposing counsel.

5. Mr. Kamal Gupta, learned counsel for respondent No. 1 school points-out that as recorded in order dated 02.11.2023 made in W.P. (C) No. 14287/2023 titled Apeejay School, Sheikh Sarai vs. Directorate of Education, the school has already fulfilled its obligation of granting 25% seats under the EWS/DG Category in proportion to the overall class strength inter-alia in Class :

Nursery/Pre-School; and in certain cases has even exceeded that obligation.

6. Mr. Gupta further submits that respondent No. 1 school has challenged the power of the DoE to dictate overall class strength in the school at any level in the said other petition.

7. Counsel accordingly submits that there is no scope for even granting provisional admission to the petitioner in the present case.

8. Re-notify on 09th February 2024.

9. In the meantime, the DoE is directed to consider accommodating the petitioner's ward in an alternate school, in accordance with the availability of seats and the neighbourhood criteria.

ANUP JAIRAM BHAMBHANI, J NOVEMBER 16, 2023/ak W.P.(C) 14843/2023 Page 2 of 2 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 17/11/2023 at 23:41:22

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Delhi High Court - Orders