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Delhi High Court - Orders

Apeejay School Sheikh Sarai vs Directorate Of Education & Anr on 3 March, 2022

Author: Rekha Palli

Bench: Rekha Palli

                          $~99
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 3644/2022 & CM APPL. 10805/2022 (stay)
                                 APEEJAY SCHOOL SHEIKH SARAI             ..... Petitioner
                                              Through   Mr.H.L.Tiku,   Sr.      Adv.      with
                                              Mr.Yashmeet Kaur & Mr.Akshay Singh, Advs.

                                                    versus

                                 DIRECTORATE OF EDUCATION & ANR.       ..... Respondents
                                              Through   Mr.Santosh Kumar Tripathi, SC,
                                              GNCTD with Mr.Arun Panwar, Mr.S.K.Dwivedi
                                              & Ms.Vrinda Singh, Advs. Mr.Vivek Kumar,
                                              OSD.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 03.03.2022 CM APPL. 10806/2022

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 3644/2022 & CM APPL. 10805/2022 (stay)

1. The petitioner has approached this Court assailing the order dated 01.02.2022 passed by the Directorate of Education rejecting its request for granting exemption from further admitting 10 students in the Economically Weaker Sections (EWS)/Disadvantaged Group & students with Special Needs in the Nursery grade for the academic session 2021-22.

2. Learned senior counsel for the petitioner submits that the impugned order has been passed on the basis of an erroneous presumption that Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:04.03.2022 17:17:06 the petitioner deliberately did not fill up all the available general category seats. He contends that the respondent have failed to appreciate that the petitioner school took all possible steps to ensure that all the 135 seats in the general category are filled up.

3. Issue notice. Mr.Arun Panwar accepts notice on behalf of the respondent. He prays for, and is granted, two weeks‟ time to file counter affidavit. Rejoinder thereto be filed within one week thereafter.

4. List alongwith W.P.(C)1811/2022 on 06.04.2022.

REKHA PALLI, J MARCH 3, 2022 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:04.03.2022 17:17:06