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High Court of DelhiW.P.(C)/12856/2019

Jindal Public School v. Govt. Of NCT Of Delhi And ANR.

2020-02-14Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12856/2019 & CM APPL. 862/2020 JINDAL PUBLIC SCHOOL ..... Petitioner Through :

Mr. Prag Chawla, Adv.

versus GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through :

Mr. Gautam Narayan, ASC with Ms.Shivani Vij and Ms. Dacchita Shahi, Advs. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 14.02.2020 1.

Mr. Gautam Narayan, who appears on behalf of the GNCTD, has drawn my attention to the sanction order which is appended to respondent no.1's counter affidavit and is marked as Annexure-A. 2.

The sanction order which is dated 10.02.2020 shows that the petitioner school has sanctioned for reimbursement of Rs.65,12,888/-. 2.1 Mr. Narayan says that this sum has been sanctioned for reimbursement in respect of expenditure incurred by the petitioner school qua the students admitted under EWS and DG category. 3.

Mr. Prag Chawla, who appears on behalf of the petitioner, affirms this position.

3.1 To be noted, the petitioner school had claimed Rs.67.94 lakhs. W.P.(C) 12856/2019

4.

Mr. Narayan says that the aforesaid sum is sanctioned towards reimbursement of tuition fee, books and writing material. 5.

I am further informed by Mr. Narayan that the claim made towards uniforms, by the petitioner school, has been rejected. 6.

Given these circumstances, Mr. Chawla says that the writ petition can be disposed of with liberty to the petitioner school to assail that part of the claim which has been rejected.

7.

Mr. Narayan says that the claim for uniform was rejected as the uniforms were not supplied to the students and instead cheques were handed out to the parents.

8.

According to Mr. Narayan, this is violative of the circulars issued by the DOE in that behalf as well as the provisions of Right of Children to Free and Compulsory Education Act, 2009 and the rules framed thereunder. 9.

I tend to agree with Mr. Narayan that the purpose of providing the uniforms is to ensure that these students actually get the same; cash subsidy perhaps, is not the solution.

10.

Thus, no further order is required to be passed in the captioned writ petition. The writ petition is, accordingly, closed. 11.

Resultantly, the captioned application shall stand closed. RAJIV SHAKDHER, J FEBRUARY 14, 2020 aj W.P.(C) 12856/2019