Adriel High School v. Master Vihan Vats & ANR.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 86/2024 & C.M.Nos.5890-5893/2024 ADRIEL HIGH SCHOOL ..... Appellant Through:

Ms.Swati Surbhi with Mohd. Shahid, Advocates.

versus MASTER VIHAN VATS & ANR.

..... Respondents Through:

Mr.Vivek Kumar Tandon with Ms.Prerna Tandon, Mr.Darshnik Narang and Ms.Kanika Rathore, Advocates for R-1.

Mr.Santosh Kumar Tripathi, standing counsel with Mr.Arun Panwar, Mr.Pradyumn Rao, Mr.Utkarsh Singh Mr.Kartik Sharma, Ms.Prashansa Sharma, Mr.Rishabh Srivastava and Ms.Nikita Vir, Advocates for R-2.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 01.02.2024 1.

Present appeal has been filed challenging the impugned order dated 22nd December, 2023 passed by the learned Single Judge in W.P.(C) No.16683/2023 whereby the respondent no.1's request for availing admission in the appellant-School in nursery/pre-school under the EWS/DG category for the academic session 2023-24 was allowed on the ground of availability of vacancies in class nursery/pre-school under the EWS/DG category calculated as per declared/approved seats. 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 03/07/2025 at 01:24:02

2.

Learned counsel for the appellant states that the respondent no.1 never opted for the appellant-School as his 'Selected School' in his admission form, as down loaded from the DOE Portal. She further states that respondent no.2/ DOE failed to appreciate that the mandatory "neighbourhood criteria" was not fulfilled on account of distance of 5.5 kms between the respondent no.1's house and the appellant-School. 3.

However, perusal of the paper book reveals that the appellant's review petition being R.P.No.10/2024 is pending consideration before the learned Single Judge and the next date of hearing in the said review petition is 23rd February, 2024.

4.

Accordingly, the present appeal is dismissed along with the applications. Since there is no stay of the impugned order, the appellant is directed to comply with the impugned order forthwith. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J FEBRUARY 1, 2024 KA 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 03/07/2025 at 01:24:02