Mera Adhikar v. G D Goenka Public School & ORS.

$~29, 31, 35, 37, 39 & 41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 8411/2024 & CM APPL. 34687/2024 BRILLIANTS CONVENT SCHOOL & ORS.

31.

W.P.(C) 8413/2024 & CM APPL. 34692/2024 SACHDEVA PUBLIC SCHOOL ROHINI & ORS. ..... Respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

35.

W.P.(C) 8417/2024 & CM APPL. 34736/2024 DAV PUBLIC SCHOOL & ORS.

Mr. Yogesh Kumar, Ms. Bharti Kapil and Mr. Raj Kumar Mittal, Advocates 37.

W.P.(C) 8419/2024 & CM APPL. 34754/2024 SACHDEVA PUBLIC SCHOOL PITAMPURA & ORS.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

39.

W.P.(C) 8421/2024 & CM APPL. 34756/2024 G D GOENKA PUBLIC SCHOOL & ORS.

41.

W.P.(C) 8423/2024 & CM APPL. 34759/2024 RUKMINI DEVI PUBLIC SCHOOL & ORS.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

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

O R D E R

% 01.06.2024 1.

Present

writ petitions have been filed seeking directions to Respondent no.3 to withdraw recognition of Respondent nos.1 and 2 as well as directions to Respondent no.4 to cancel the land leased to Respondent no.2 and directions to Respondent no.5 to take necessary action against Respondent nos.1 and 2 for demanding bribes for admission to nursery class. 2.

Learned counsel for the Petitioner states that demands of the capitation fee in lieu of admission are illegal and in violation of Delhi School Education Act, 1973 and dicta of the Supreme Court in Mohini Jain (Miss) vs. State of Karnataka & Ors. (AIR 1992 SC 1858). He points out that the Petitioner has made several representations to the respondents and other authorities.

3.

Learned counsel for Directorate of Education, GNCTD, who appears on advance notice, states that despite Directorate of Education asking the Petitioner to cooperate with the enquiries being conducted by High Level Committee, the Petitioner did not appear in the said proceedings. He states that the Enquiry Committee has prepared its final reports and the same shall be forwarded to the Petitioner after approval of the Director within eight weeks.

4.

In the opinion of this Court, if anyone has demanded bribe for granting admission to nursery class, the Petitioner is at liberty to file civil and criminal proceedings in accordance with law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Moreover, as the Directorate of Education shall shortly be forwarding its reports to the Petitioner, it is given liberty to challenge the same in accordance with law. This Court clarifies that it has not commented on the merits of the controversy. The right and contentions of all the parties are left open.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JUNE 1, 2024/rhc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.