High Court of DelhiCONT.CAS(C)/13/2017

Master Jahaan Rathore v. Saumya Gupta & ANR

2017-01-23Hon'Ble Mr. Justice Manmohan2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 13/2017 & CM No. 669/2017 MASTER JAHAAN RATHORE ..... Petitioner Through:

Mr. Rajesh Raina, Advocate Along with mother of the petitioner versus SAUMYA GUPTA & ANR ..... Respondents Through:

Mr. Anuj Aggarwal, ASC/GNCTD with Ms. Debashree Mukherjee, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 23.01.2017 Learned counsel for the petitioner states that the respondents are denying admission to single parent children on excuses such as the non clarity of position with regard to the custody of the child, litigation between the parents of the child as well as asking for unjustified and uncalled for undertakings from the single parent. Mr. Anuj Aggarwal, learned counsel for the GNCTD has drawn this Court's attention to the affidavit dated 19th January, 2017 filed by Deputy Education Officer (DEO). The relevant paragraphs of the said affidavit read as under :-

3. "That it is most respectfully submitted that even if the Application form is signed by any one of the parent, the same shall not be a ground for rejection of the application form by the Schools.

4. That it is also submitted that the child shall not be

discriminated by the schools in case his/her admission form is signed by any one of the parents. The said child must be treated equally and at par with other students.

5. That in such cases, it shall be mandatory of such individual parent to mention the particulars (Name and Contact details) of the other parent in the Application-form. Further in such cases, extra points under the privilege category of single parent shall not be given in contravention of order dated 24th November, 2007."

Mr. Aggarwal also assures and undertakes to this Court that the application form filed by the petitioner shall be considered in accordance with law and shall not be rejected on the ground that it has been filed by the only one of the parents.

The assurance/undertaking given by Mr. Aggarwal is accepted by the Court and the respondents are held bound by the same. It is also clarified that the petitioner shall not be considered as a case of single parent under the guidelines issued on 24th November, 2007 and the said application would be considered in the 'general category'. At the cost of repetition, it is clarified that the application filed by the petitioner shall be considered on its own merits in accordance with law. With the aforesaid observation and direction, the present Contempt Petition & application stand disposed of.

A copy of this order be given dasti to the counsel for the parties, under the signatures of the Court Master.

MANMOHAN, J JANUARY 23, 2017/P