Mst Priyank Nagarwal & Ors vs Soverign School & Anr on 20 October, 2023

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Delhi High Court - Orders

Mst Priyank Nagarwal & Ors vs Soverign School & Anr on 20 October, 2023

Bench: Anup Jairam Bhambhani

                                    $~34
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           W.P.(C) 13988/2023

                                                MST PRIYANK NAGARWAL & ORS.               ..... Petitioners
                                                             Through: Mr. Darshnik Narang and Ms. Prerna
                                                                        Tandon, Advocates.
                                                             versus
                                                SOVERIGN SCHOOL & ANR.                    ..... Respondents
                                                             Through: Mr. Utkarsh Singh, Advocate with
                                                                        Ms. Prashansa Sharma, Advocate for
                                                                        Mr. Santosh Kumar Tripathi,
                                                                        Standing Counsel (Civil) GNCTD for
                                                                        DoE.
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                             ORDER

% 20.10.2023 CM APPL. 55317/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

W.P.(C) 13988/2023 By way of the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioners seek a direction to respondent No.1/Soverign School, Sector-24, Rohini, to grant admission to petitioner No.1/Priyank Nagarwal in Class :

Nursery/Pre-School, petitioner No.2/Shruti in Class : KG/Pre-Primary and petitioner No.3/Garvita in Class-I for the Academic Session 2023- 24 in the EWS/DG Category.

2. Mr. Darshnik Narang, learned counsel appearing for the petitioners W.P.(C) 13988/2023 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 22/10/2023 at 05:44:18 submits that despite allotment of seat having been made by respondent No.2/Directorate of Education ('DoE') vide communications appended as Annexure P-3 to the petition, the school has declined admission to the petitioners.

3. Issue notice.

4. Mr. Utkarsh Singh, learned counsel appears on behalf of Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) for respondent No.2/DoE on advance copy; accepts notice; and seeks time to file counter- affidavit.

5. Upon the petitioners taking requisite steps, let notice be sent to respondent No.1 by all permissible modes, returnable for the next date.

6. Let the notice indicate that counter-affidavits to the petition be filed within 06 weeks of service; rejoinders thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.

7. Mr. Singh confirms that the allotment of seats has indeed been made.

8. It is noticed however that vide order dated 17.04.2023, the DoE had granted to the said school waiver of the 'backlog' of seats in the EWS/DG/CWSN Category - i.e. 10 seats in Class : KG/Pre-Primanry and 24 seats in Class-I for the Academic Session 2023-2024.

9. Upon being queried in this behalf, counsel submits that, as per the statement made by Mr. Santosh Kumar Tripathi, learned Standing Counsel (Civil) appearing on behalf of DoE as recorded vide order dated 13.09.2023 in W.P.(C) No. 5194/2023 titled Anjali Pandey vs. Govt. of NCT of Delhi & Anr., the waiver of seats was not warranted and the court may accordingly not take cognizance thereof.

W.P.(C) 13988/2023 Page 2 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 22/10/2023 at 05:44:18

10. Re-notify on 01st February 2024.

11. In the meantime, considering the circumstances of the case, and in view of what has been submitted by learned counsel appearing for DoE above, respondent No.1 school is directed to grant provisional admission to petitioner No.1/Priyank Nagarwal in Class :

Nursery/Pre-School; petitioner No.2/Shruti in Class : KG/Pre- Primary; and petitioner No.3/Garvita in Class-I for Academic Session 2023-24 in the EWS/DG Category.

12. This order shall continue during the pendency of the present petition, unless varied or set-aside.

ANUP JAIRAM BHAMBHANI, J OCTOBER 20, 2023/ak W.P.(C) 13988/2023 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 22/10/2023 at 05:44:18

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Delhi High Court - Orders