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Delhi High Court - Orders

Richmondd Global School vs Govt. Of Nct Of Delhi & Anr on 22 December, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~40 (2021 Cause List)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 14874/2021
                              RICHMONDD GLOBAL SCHOOL                         ..... Petitioner
                                             Through: Ms. Apoorva Pandey, Mr. G.G.
                                                        Kashyap & Ms. Shristi Aggarwal,
                                                        Advocates [M:- 9968759816]
                                                    versus
                              GOVT. OF NCT OF DELHI & ANR.               ..... Respondents
                                             Through: Mr. Arun Panwar & Ms. Vrinda
                                                        Singh, Advocates for Mr. Santosh
                                                        Kumar Tripathi, SC (Civil)
                                                        GNCTD/DOE & Mr. Rajeev
                                                        Tanwar, LA PSB/DOE
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                       ORDER

% 22.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

CM APPL. 46951/2021(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 14874/2021 & CM APPL. 46952/2021(Stay)

1. Issue notice. Mr. Arun Panwar, learned counsel, accepts notice on behalf of the respondents.

2. This writ petition is directed against orders dated 12.10.2021 and 10.12.2021 by which the respondent No. 2-Directorate of Education ["DOE"] rejected the request of the petitioner-School ["the School"] for exemption from granting admission to the allotted number of Signature Not Verified Digitally signed W.P.(C)14874/2021 Page 1 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 20:37:46 Economically Weaker Section/Disadvantaged Group/Children with Special Need ["EWS/DG/CWSN"] category candidates on the ground that the School was unable to attract the declared number of general category candidates despite all efforts.

3. The School made an application for exemption on 19.07.2021 pursuant to a circular of the DOE dated 09.07.2021. The application was first rejected by an order dated 12.10.2021. However, even after the said order was passed, the petitioner received an email communication dated 09.12.2021 from the DOE, requesting the School to supply certain additional information. On the very next day, i.e. 10.12.2021, the DOE passed the second impugned order, rejecting the petitioner's contention primarily on the ground that the information sought had not been supplied by the School.

4. Although Mr. Panwar has been instructed that the School was sent a communication dated 07.12.2021 seeking the same information, Ms. Apoorva Pandey, learned counsel for the School, submits that no such correspondence was received by the School, and the School was asked for the information for the first time on 09.12.2021. The School has also submitted the details alongwith all requisite material to the DOE on 16.12.2021 [Annexure P-19 to the writ petition].

5. As the material has already been supplied to the DOE, it is appropriate for the DOE to consider the information submitted by the School and pass appropriate orders. As it stands, the impugned order dated 10.12.2021 proceeds only on the ground that the School had not submitted the information sought.

6. The writ petition is, therefore, disposed of with a direction upon the Signature Not Verified Digitally signed W.P.(C)14874/2021 Page 2 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 20:37:46 DOE to reconsider the School's application in the light of the material submitted with the representation dated 16.12.2021 and pass a reasoned order as expeditiously as possible.

PRATEEK JALAN, J DECEMBER 22, 2021/'pv'/ Signature Not Verified Digitally signed W.P.(C)14874/2021 Page 3 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 20:37:46