Delhi High Court - Orders
Delhi Sanskar Bharti Shiksha Samiti And ... vs Government Of Nct Of Delhi And Ors on 20 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~2560 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14640/2021
DELHI SANSKAR BHARTI
SHIKSHA SAMITI AND ANR. ..... Petitioners
Through: Ms. Anjana Gosain, Ms. Shalini
Nair, Advocates.
versus
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Santosh Kumar Tripathi, SC
(Civil) GNCTD with Mr. Arun
Panwar, Ms. Vrinda Singh,
Advocates for DoE.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 20.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 46118/2021 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 14640/2021 & CM APPL. 46117/2021(stay)
1. Issue notice. Mr. Arun Panwar, learned counsel, accepts notice on behalf of the respondents.
2. The petitioners challenge orders dated 17.11.2021 and 09.12.2021 by which the respondent-Directorate of Education ["DoE"] has rejected Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 1 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 petitioner No.2's (Paramount International School, Sector-23, Dwarka, New Delhi-110075) ["the School"] application for exemption from admission of the allotted number of Economically Weaker Section/ Disadvantaged Group ["EWS /DG"] category candidates.
3. The School sought exemption pursuant to a circular dated 09.07.2021 issued by the DoE which states as follows:
" CIRCULAR Subject:- Direction to all concerned private schools to ensure EWS/DG and CWSN admission at Entry Level Classes for the session 2021-22 selected through computerized draw of lots.
A large number of complaints have been received in this Directorate regarding denial of admission of successful candidates under EWS/DG & CWSN category by the school concerned on the pretext of lesser number of general category admissions against the available/declared strength of the classes at the entry level in the school for the session 2021-22.
In this connection, all the concerned Private Unaided Recognized Schools are hereby directed to grant admissions to all the eligible candidates allotted to them as per declared strength of the entry level classes by school through computerized draw of lots.
If any school requires exemption from granting admission to all eligible candidates allotted to them specifically on the ground of lesser general admission, the school shall seek specific permission from concerned DDE/District, after following all steps/due process in pursuant to the order of Hon'ble Delhi High Court in W.P.(C) 3358 of 2013 and W.P.(C) No. 5172 of 2013 in letter and spirit.
Non-compliance will invite strict actions against the defaulter school as per provisions of RTE Act 2009 & DSEAR 1973.
Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 2 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40This issues with the prior approval of the Competent Authority."
4. The School first applied for exemption on 15.07.2021 stating that it had advertised for admissions on its website and on Google Ads as well as on school admission platforms. It also claimed to have called all applicants, emailing them and messaging them to ensure that the general category admissions are inline with the number of declared seats. However, the School was still faced with the situation of extremely low admissions in the general category and therefore sought exemption from admission of the allotted number of candidates in the EWS/DG category.
5. By a communication dated 08.10.2021, the DoE sought various details, enumerated as follows: -
"1.) Total no. of seats declared under upon admission category.
2.) Total no. of application received by the school.
3.) Selection process adopted by the school.
4.) Efforts made by the school:
i. Whether advertisement published in the newspaper? ii. Whether vacancy shown on notice board of the school?
iii. Whether vacancy status displayed outside the gate of the school at prominent place? If yes, copy of photograph in support of the same.
iv. Whether all remaining applicant who applied for admission have been approached by the school for admission? If yes, then relevant supporting record.
v. Whether the school requested to DDE (Zone/District) to provide the candidates for remaining vacant seats under open category.
5.) What is the actual number of admission from Nursery Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 3 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 Class to 11th class under Open Category and EW/free ship category separately.
6.) The details of admission done at management seats."
6. The petitioners responded on 11.10.2021 with the required details. After receiving these details, the DoE issued the first impugned order dated 17.11.2021 stating that the School did not fulfil the criteria of having at least 25% of EWS/DG and Children with Special Needs ["CWSN"] category students out of the total admissions made in the School from entry level onwards. The School's request was, therefore rejected.
7. On 07.12.2021, the DoE requested the School to provide information regarding the number of sections class-wise in the given format. These details were also provided by the School on the same day.
8. The DoE has thereafter issued the second impugned order dated 09.12.2021 in which the information supplied by the School has been tabulated as follows: -
S.No. CRITERIA RESPONSE OF OBSERVATION THE SCHOOL 1 Total No. of seats 120 Found Ok declared under open admission category 2 Total no. of 645 Found Ok applications received by the school 3 Selection Process Draw of Lots Found ok adopted by the school
4. Efforts made by the school i Whether NO NO advertisement Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 4 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 published in the newspaper ii Whether vacancy YES Found OK shown on notice board of the school iii Whether vacancy YES Found Ok status displayed outside the gate of the school at prominent place? If yes, copy of photograph in support of the same iv Whether all remaining YES Through applicant who applied telephonically for admission have message and call been approached by the school for admission? If yes, then relevant supporting record v Whether the school YES ONLY requested to DDE VERBALLY (Zone/District) to provide the candidates for remaining vacant seats under open category 5 What is the actual EWS: 320 School not number of admission GEN:1203 TOTAL: fulfilling the from nursery class to 1523 criteria of having 11th class under open at least 25% of category and EWS/DG & EWS/Free ship CWSN Category category separately students of total admission made in the school 6 The details of No candidate was admitted under admission done at management quota at the entry level Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 5 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 management seats
9. The School's request has thereafter been rejected with the following observations:-
"And whereas, following has been observed from the response of the school:
1. School requested the concerned office of the DDE (Zone) and the DDE (Distt.) to provide the candidates for admissions on the remaining seats under vacant seats under General Category only in the month of October 2021.
2. The school is not maintaining uniformity in the number of section from Nursery to XII Class
3. The school is required to grant 20% admissions in the increase sections for 2nd class onwards under free ship category as the school is running on govt. land allotted by a govt. agency and escaping from its responsibility to comply the same.
4. School did not fulfil the criteria of having at least 25% of EWS/DG & CWSN category students in totality against the total admission made in the school from Entry Level onwards.
In view of the above observations, it is clear that school is decreasing general admission at entry level class intentionally and the school is also not providing the admission under free ship category to EWS candidates from 2nd class onwards. That clearly shows the intention of the school to avoid admission of the candidates belonging to EWS/DG category and it is evident from the record provided by the school as mentioned above as the school is running only 2 section at nursery level, 2 section at KG level and 4 section at 1 level, 5 section at II and so on at upper levels, creating of such sections to be an attempt of the school to avoid the obligation of admitting the children at entry level under EWS/DG Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 6 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 category.
The school is increasing number of general admission in upper classes which are beyond the provisions of RTE obligation for admitting the children to the extent of 25% of the strength of the class. On the perusal of the reply of the school to have limited strength of general category students at entry level which further provided by not granting admission to the EWS candidates. In further classes in ratio to general admission, therefore the request of the school regarding exemption for admitting allotted EWS/DG/CWSN candidates due to general admission is found devoid of any merits, hence had been rejected.
In view of the above, while request made by the school dated 11/10/2021 has already been rejected on the specific grounds as mentioned above and school authority is still not granting admission to EWS/DG & CWSN category candidates allotted from DoE for the session 2021-2022, therefore, school authority is hereby again directed to admit all eligible EWS/DG & CWSN category candidates allotted through draw of lots by DoE, GNCT of Delhi for the session 2021-2022 failing which action under 24(4) of the Delhi School Education Act and Rules 1973 will be recommended against the school."
10. Ms. Anjana Gosain, learned counsel for the petitioners, contends that the School had made honest efforts to admit the declared number of general category students and no lacuna has been found by the DoE in this regard. She submits that the order of the DoE appears to be predicated upon a finding of inadequate number of candidates of EWS category candidates in Class II to Class XI. Ms. Gosain points out that in several cases, including W.P.(C) 14339/2021 [Prabhu Dayal Public School vs. Directorate of Education] and connected matters, this Court Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 7 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 has set aside the orders of the DoE refusing exemption and remanded the matters to the DoE for reconsideration.
11. Having heard Ms. Gosain, and Mr. Arun Panwar, who appears on advance notice, I am of the view that no interim order can be granted in the present case. The Court has indeed set aside orders passed by the DoE rejecting applications by other schools for exemption, where the orders were unreasoned and failed to consider the materials placed on record by the school. In the present case, the order dated 09.12.2021 is a reasoned order, wherein the DoE found that the School is not fulfilling its requirements in respect of admission of EWS/DG/CWSN category candidates. No such manifest arbitrariness or unreasonableness is shown in the observations recorded in the order so as to make out a prima facie case for grant of interim relief under Article 226 of the Constitution.
12. The finding that the School has not admitted adequate EWS/DG and CWSN category candidates, taking the strength of the School as a whole, is beyond the scope of prima facie consideration at this stage. The writ court cannot examine the merits of the decision arrived at by the DoE.
13. I am of the view that in these circumstances, it is not appropriate to pass an interim order exempting the School from admitting EWS/DG category students allotted to it.
14. Counter affidavits be filed within four weeks. Rejoinders thereto, if any, may be filed within two weeks thereafter.
15. List on 04.03.2022.
16. This order will not come in the way of the petitioners making a representation to the DoE, which the DoE may consider in accordance Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 8 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40 with law and pass an appropriate order if it is satisfied with the contentions placed on record by the petitioners.
PRATEEK JALAN, J DECEMBER 20, 2021 'Bp'/ Signature Not Verified Digitally signed W.P.(C) 14640/2021 Page 9 of 9 By:HARMINDER KAUR Signing Date:21.12.2021 20:01:40