Delhi High Court - Orders
Miss Avani Shukla Through Father Mr. ... vs Apeejay School Sheikh Sarai And Ors on 9 May, 2023
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7728/2022 with CM APPLs. 23645/2022, 1909/2023
MISS AVANI SHUKLA THROUGH FATHER MR. ALOK
SHUKLA AND ANR ..... Petitioners
Through: Mr. Khagesh B. Jha, Advocate.
versus
APEEJAY SCHOOL SHEIKH SARAI
AND ORS ..... Respondents
Through: Mr. H.L. Tiku, Sr. Advocate
with Ms. Yashmeet Kaur, Mr.
Anurag Ahluwalia, Mr. Rahul,
Advocates for R-1 to 3
(Ph.9818933150, e-mail:
[email protected]).
Mr.Santosh Tripathi, Standing
Counsel(Civil), GNCTD with
Mr. Pradyuman Rao and
Mr. Utkarsh Singh, Advocates
(Ph.912829862, e-mail:
[email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 09.05.2023 [Physical Hearing/ Hybrid Hearing]
1. Learned Senior Counsel appearing for the school has argued that the present writ petition filed on behalf of the petitioner would not be maintainable. It is submitted that the present petition is barred by constructive res judicata. Further, it is the case on behalf of the school Signature Not Verified Digitally Signed By:PREETI Signing Date:16.05.2023 15:08:48 that the petitioner has no vested right as such for admission in the school. Besides, it is submitted on behalf of the school that there is no public interest involved in the present case, therefore, the present writ petition will not be maintainable.
2. On the other hand, learned counsel appearing for the petitioners disputes the said position and submits that the earlier suit that was filed on behalf of the petitioner was on the basis of the contractual obligation as averred on behalf of the petitioners. It is submitted that the suit which has been decided on the basis of contractual obligation of the parties will not defeat the rights which are now being claimed by the petitioner under the Right of Children to Free and Compulsory Education Act, 2009 and the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, under which the school in question was allotted land by the Delhi Development Authority (DDA).
3. To continue further arguments, list on 12.05.2023.
MINI PUSHKARNA, J MAY 9, 2023 PB Signature Not Verified Digitally Signed By:PREETI Signing Date:16.05.2023 15:08:48