Delhi High Court - Orders
Sandeep Kumar vs The Principal, Apeejay School Anr on 30 November, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~184
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15376/2023
SANDEEP KUMAR ..... Petitioner
Through: Mr. Narendra Kumar Upadhyay with
Mr. Kuldeep Sharma, Advocates.
versus
THE PRINCIPAL, APEEJAY SCHOOL ANR. ..... Respondents
Through: Mr. Kamal Gupta with Mr. Manish
Vashisht, Ms. Kriti Gupta and Mr.
Sparsh Aggarwal, Advocates for R1.
Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil) GNCTD
with Mr. Kartik Sharma, Mr. Rishabh
Srivastava and Mr. Utkarsh Singh,
Advocates for DoE.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 30.11.2023 CM APPL. 61689/2023_(Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.
W.P.(C) 15376/2023 & CM APPL. 61690/2023 By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to respondent W.P.(C) 15376/2023 Page 1 of 3 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 07/12/2023 at 20:40:16 No. 1/Apeejay School, Sheikh Sarai ('school') to grant to his ward - Rutvi Chhokar - admission in Class : Nursery/Pre-School for the Academic Session 2023-2024 under the EWS/DG Category.
2. Issue notice.
3. Mr. Rishabh Srivastava, learned counsel appears for Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) for respondent No.1/Directorate of Education ('DoE') on advance copy; accept notice; and seeks 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 instances 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. Accordingly, counsel 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.
W.P.(C) 15376/2023 Page 2 of 3This 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 07/12/2023 at 20:40:16
9. In the meantime, the DoE is directed to accommodate the petitioner's ward in an alternate school, in accordance with the availability of seats and keeping in mind the neighbourhood criterion.
ANUP JAIRAM BHAMBHANI, J NOVEMBER 30, 2023/ak W.P.(C) 15376/2023 Page 3 of 3 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 07/12/2023 at 20:40:16