Dishant Shrivastava v. Govt. Of NCT Of Delhi
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3397/2026, CM APPL.
16323/2026 & CM APPL.
16324/2026 DISHANT SHRIVASTAVA .....Petitioner Through:
Mr. Narendra Kumar Upadhyay & Ms. Kriti Kumari, Advs.
versus GOVT. OF NCT OF DELHI .....Respondent Through:
Mr Kamal Gupta, Mrs Tripti Gupta, Mr Sparsh Agarwal & Mr Siddharth Arora, Advs.
Mr Dhruv Rohatgi panel counsel GNCTD Ms Chandrika Sachdeva & Mr. Dhruv Kumar, Advs. for GNCTD.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 07.04.2026 1.
This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- "a. Issue a Writ of Mandamus or any other appropriate writ in favour of the petitioner and against the respondent/DOE thereby directing the respondent/DOE to allow admission to the ward of the petitioner namely Dishant Shrivastava in class Nursery/Pre-School under CWSN category in the Academic Session 2025-26 falls within zero to three kilometer in the vicinity of the petitioner, without any further delay, in the interest of justice..."
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2.
The case of the petitioner is that the ward of the petitioner namely Dishant Shrivastava belongs to CWSN category and has 93% multiple disabilities. The petitioner was allotted the Delhi Police Public School, NPL, Kingsway Camp, Delhi-110009 which is about 9 kilometres from the residence of the petitioner.
3.
The petitioner requests that the petitioner may be granted admission in respondent No. 2 school which is about a distance of three kilometres from the petitioner's house. Hence the present petition. 4.
Mr. Gupta, learned counsel for the respondent No. 2 on instructions states that respondent No. 2 is not only ready and willing but happy to accommodate the petitioner provided the respondent No. 1 issues unique ID number as well as makes an allotment of the child to the school and pays the reimbursement in accordance with extant rules. 5.
Mr. Kumar, learned counsel for the Department of Education, states that the application form submitted by the petitioner itself provided the school currently allotted to the petitioner as preference No. 1. 6.
Even though there is merit in the submission of Mr. Kumar, learned counsel, this Court cannot be oblivious to the fact that the child of the petitioner is a special child having 93% disability. In order to grant a complete and meaningful education, the child must be in a school which is nearest to his place of residence. The same is not only convenient but also a right guaranteed under Article 21A of the Constitution of India. 7.
The Court under Article 226 of the Constitution of India is required to do complete justice. Therefore, it is directed that the petitioner shall be granted admission in Pre-School in Bal Bharati Public School, Ganga Ram Hospital under the CWSN category.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
The respondent DoE shall grant recognition and complete all formalities to give validition to the admission of the petitioner. Additionally, the DoE shall also clear the dues regarding the petitioner's admission in accordance with extant rules. The gestures of respondent No. 1 and 2 are appreciated.
9.
The order is peculiar to the facts of the case and shall not be treated as precedent.
10.
With the aforesaid directions, the petition is disposed of. JASMEET SINGH, J APRIL 7, 2026/NG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.