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Miss Aahana Through Father Atul Gupta vs Sanskriti School & Anr on 24 March, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~59
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      W.P.(C) 3939/2021

                                 MISS AAHANA THROUGH
                                 FATHER ATUL GUPTA                         ..... Petitioner
                                              Through: Mr. Khagesh B. Jha, Advocate

                                                            versus

                                 SANSKRITI SCHOOL & ANR.                  ..... Respondents
                                              Through: Mr. Srijan Sinha, Adv. for R-1.
                                                       Ms. Shobhana Takiar, Std.
                                                       Counsel, GNCTD

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                              ORDER

% 24.03.2021 The proceedings in the matter have been conducted through video conferencing [physical and virtual hearing]. CM APPL. 11848/2021 (exemption) Exemption allowed, subject to all just exceptions. The application is disposed of.

W.P.(C) 3939/2021 with CM APPL. 11847/2021 (interim directions)

1. Issue notice. Mr. Srijan Sinha, learned counsel, accepts notice on behalf of respondent no.1. Ms. Shobhana Takiar, learned counsel, accepts notice on behalf of respondent no. 2.

2. The petitioner has applied for admission to respondent no.1/school in class Nursery. She has filed this petition, through her father, alleging Signature Not Verified Digitally signed W.P.(C) 3939/2021 Page 1 of 5 By:SHITU NAGPAL Signing Date:26.03.2021 18:17:06 that she has been wrongly denied admission under the non-government fee paying category.

3. The respondent no.1 invited applications for admission on 18.02.2021. The school had fifteen seats in the non-government fee paying category. One of the criteria on the basis of which the candidates were to be awarded points to determine eligibility for admission was the distance from the child's house to the school.

4. The point-wise criteria released by the school for the purpose of distance and area were as follows:

Distance Area Points Below 8Km All areas in Chanakyapuri, 30 DhaulaKuan Enclave I & II, DhaulaKuan, Moti Bagh North & South, Netaji Nagar, Satya Niketan, Shanti Niketan, Nanak Pura, Anand Niketan, RKPuram, West End, Meena Bagh, Safdarjung Enclave, Sarojini Nagar Baba Karak Singh Marg, Laxmibai Nagar, Munirka, AIIMS , Prithiviraj Rd, INA, New Rajinder Nagar,Rabinder Nagar, Aurangazeb Rd and adjoining areas, Kidwai Nagar (New Campus) East & West, Subramanium Bharti Marg, Jorbagh, Lodhi Colony, Lodhi Estate, Green Park, Vasant Vihar, Delhi Cantt, Humayun Road, Bharti Nagar, Khan Market , Ber Sarai Above 8Km SDA, Mansingh Road, Sujan Singh 20 and below Park, JNU Campus, Naraina Vihar, 10Km Sansad Marg, South Extension I & II, Gulmohar Enclave, Bapa Nagar, Gulmohar Park, Akbar Road, Old Rajinder Nagar, Janpath, Andrews Signature Not Verified Digitally signed W.P.(C) 3939/2021 Page 2 of 5 By:SHITU NAGPAL Signing Date:26.03.2021 18:17:06 Ganj, HauzKhaz, Pandara Rd, Pandara Park, HauzKhaz Enclave, Golf Links, Shahajahan Rd, IIT, KGMarg, Kaka Nagar, Barakamba Rd, Niti Bagh, Dr.ZakhirHussain Marg, Uday Park Above 10 DESU Colony (C4, C5 ), Sadiq 10 Km and Nagar, Sarvodaya Enclave, below 12 Mansarovar Garden, Janak Puri Km (Aditi Apartment ), Subash Nagar, Anand Lok, Sunder Nagar, Nizamuddin East & West, Vasant Kunj (B9, B10, B11, C1, C2, C3, C4, C5, C6, C7, C8, C9, B1, B2, B3, B4, B5, B6, D3, D4, D6, D7, D8), Rajouri Garden, Panchkuan Rd, Sarvapriya Vihar, Karol Bagh, Chemsford Rd, Raja Garden, Defence Colony, Tagore Garden, Inderpuri, W.E.A Above 12 Other Areas not included in this 0 Km table

5. In the petitioner's application, it was contended that her place of residence i.e. 108 B, Gautam Nagar, Delhi-110049 is within 8 kms. of the location of the school. It is undisputed that Gautam Nagar itself does not finds place in the table at all.

6. Mr. Khagesh B. Jha, learned counsel for the petitioner, submits that Gautam Nagar is located very near AIIMS, which is included in the "Below 8 kms." classification, and the petitioner ought to have been given 30 points. He submits that the school has wrongly considered Gautam Nagar to be close to Andrews Ganj, which is in the next category (Above 8 kms to below 10 kms.), as Gautam Nagar falls within the Signature Not Verified Digitally signed W.P.(C) 3939/2021 Page 3 of 5 By:SHITU NAGPAL Signing Date:26.03.2021 18:17:06 jurisdiction of Post Office Andrews Ganj. According to the petitioner, this is not a valid basis for classification. The petitioner has also annexed a screenshot of the Google Maps application, showing the distance between the school and the petitioner's residence as 8 kms.

7. Mr. Srijan Sinha, learned counsel appearing for respondent no.1/school on advance notice, submits that distance criterion has been adjudged on the basis of the distance by the route of the school bus. According to him, the calculation of the school bus route shows that Gautam Nagar is more than 12 kms away from the school. He has also produced a chart which enumerates all the bus stops at which the school bus stops, prior to reaching Gautam Nagar. This shows that the route taken by the school bus covers 12.5 kms. Mr. Sinha has also referred to a Google Maps screenshot which measures the school bus route at 14.4 kms. The aforesaid two documents are taken on record.

8. It is evident from the Google Maps screenshot relied upon by Mr. Sinha that the school bus route is a circuitous one. While a bus route cannot always reasonably be expected to be of the shortest distance between any two points, it is difficult to accept that a bus route which covers 12.5 kms for a point which is 8 kms. away, should determine the fate of a child's application for admission to a school. It must be borne in mind that the bus route itself is determined by the school, and not by an independent entity. It is also evident from the school bus route that areas which are admittedly farther away from the school than Gautam Nagar, would fall within the second and third classification, whereas Gautam Nagar would fall only within the last classification.

9. Whether it is permissible to substitute the distance criterion by a measurement of the distance covered by the school bus in order to determine the points awarded to an applicant is, in my view, a matter which requires further consideration. Ms. Shobhana Takiar, learned Standing Counsel for the GNCTD, also submits that the school bus route cannot be used as the metric to determine the points awarded to the applicant on the distance criteria. Prima facie it appears, for the reasons aforesaid, that this is not justifiable, particularly when the consequence is severe, inasmuch as a child is denied admission on this basis.

10. It is made clear that in the event the petitioner succeeds in the writ petition, the respondent no.1/school will be directed to give her admission. As the admissions are not yet closed, respondent no.1/school is directed to bear this in mind while filling up its seats.

11. The respondents are directed to place their counter affidavits on record within two weeks. Rejoinders thereto, if any, be filed within one week thereafter.

12. List on 22.04.2021.

PRATEEK JALAN, J MARCH 24, 2021 'hkaur'/s Signature Not Verified Digitally signed W.P.(C) 3939/2021 Page 5 of 5 By:SHITU NAGPAL Signing Date:26.03.2021 18:17:06