Apeejay School, Sheikh Sarai vs Directorate Of Education on 2 November, 2023

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Delhi High Court - Orders

Apeejay School, Sheikh Sarai vs Directorate Of Education on 2 November, 2023

Bench: Anup Jairam Bhambhani

                                    $~185
                                    *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           W.P.(C) 14287/2023

                                                APEEJAY SCHOOL, SHEIKH SARAI              ..... Petitioner
                                                             Through: Mr. Kamal Gupta with Ms. Kirti
                                                                        Gupta, Mr. Sparsh Aggarwal and Mr.
                                                                        Manish Vashisht, Advocates.
                                                             versus
                                                DIRECTORATE OF EDUCATION                  ..... Respondent
                                                             Through: Mr. Utkarsh Singh, Advocate for Mr.
                                                                        Santosh Kumar Tripathi, Standing
                                                                        Counsel (Civil).
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                             ORDER

% 02.11.2023 CM APPL. 56591/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

W.P.(C) 14287/2023 and CM APPL. 56590/2023 (for stay) By way of the present petition filed under Article 226 of the Constitution of India, the petitioner/Apeejay School, Sheikh Sarai, New Delhi ('school') seeks quashing of order dated 01.12.2022, whereby the respondent/Directorate of Education ('DoE') has rejected the school's application seeking reduction in the total number of seats available in the entry-level class, i.e. Class : Nursery/Pre-School for the Academic Session 2023-2024. The petitioner has also impugned the DoE's action of allotting seats under the EWS/DG Category in excess of the 25% This is a digitally signed order. W.P.(C) 14287/2023 Page 1 of 3 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 07/11/2023 at 20:59:54 proportion mandated by the Right of Children to Free and Compulsory Education Act, 2009 in Classes : Nursery/Pre-School, KG/Pre-Primary and Class-I.

2. In the course of submissions, Mr. Kamal Gupta, learned counsel appearing for the petitioner further challenges the power of the DoE to dictate the overall class strength in the school at any level, submitting that it is the school's sole prerogative to decide the overall class strength in any class in any given academic year.

3. Mr. Gupta argues that in the present case, as is evident from the table appearing in the impugned order, the total number of admissions in the General Category have dwindled over the years, which made it necessary for the school to seek a reduction in the number of seats available at the entry-level class, i.e. Class : Nursery/Pre-School. It is submitted that this plea has been rejected by the DoE, without application of mind.

4. Mr. Gupta also submits, that other things apart, it is counter-intuitive to presume that a school would voluntarily enrol fewer students in a given year, only to reduce the total number of admissions under EWS/DG Category, since that would be against the interests of the school in every way.

5. Issue notice.

6. Mr. Utkarsh Singh, learned counsel is present on behalf of Mr. Santosh Kumar Tripathi, learned Standing Counsel (Civil) for the respondent/DoE on advance copy; accepts notice; and seeks time to file counter-affidavit.

This is a digitally signed order. W.P.(C) 14287/2023 Page 2 of 3

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 07/11/2023 at 20:59:54

7. Let counter-affidavit be filed within 04 weeks; rejoinder thereto, if any, be filed within 03 weeks thereafter; with copies to the opposing counsel.

8. Praying for grant of interim relief, Mr. Gupta submits that the school has fulfilled its obligation of granting 25% seats under the EWS/DG Category in proportion to the overall class strength in Classes :

Nursery/Pre-School, KG/Pre-Primary and Class-I; and in certain cases the school has granted admission in the EW/DG category even in excess of that obligation.

9. On the other hand, Mr. Singh opposes grant of any interim relief submitting that the impugned order was passed on 01.12.2022, and therefore the school has approached the court belatedly, in the middle of the academic year.

10. Be that as it may, considering the issue raised on behalf of the petitioner school, the DoE is restrained from taking any coercive action against Apeejay School, Sheikh Sarai, New Delhi arising from order dated 01.12.2022, till the next date of hearing.

11. Re-notify on 12th January 2024.

ANUP JAIRAM BHAMBHANI, J NOVEMBER 2, 2023 ds This is a digitally signed order. W.P.(C) 14287/2023 Page 3 of 3 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 07/11/2023 at 20:59:55

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Delhi High Court - Orders