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High Court of DelhiW.P.(C)/1227/2018

Arisha (Minor) Through Her Father Sh Mohd Shehzad v. Delhi Public School & ANR

2018-02-13Hon'Ble Ms. Justice Rekha Palli2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1227/2018 & C.M.No.5098/2018(interim direction) ARISHA (MINOR) THROUGH HER FATHER SH MOHD SHEHZAD ..... Petitioner Through Mr.Ashok Agarwal, Advocate.

versus DELHI PUBLIC SCHOOL & ANR ..... Respondent Through Ms.Vasudha Bajaj, Advocate for R-1.

Mr.Himmat Singh Shergill, ASC for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.02.2018 Vide order dated 09.02.2018, learned counsel appearing for the respondent no.2 was granted time to verify the fresh income certificate submitted by the petitioner's father. Today, learned counsel appearing for respondent no.2 submits that the said certificate has been duly verified by the Tehsildar and found to be genuine. In view of this stand taken by learned counsel for respondent No.2, learned counsel for the petitioner prays that the order dated 13.01.2018 passed by respondent no.1 cancelling the admission of the petitioner may be quashed and respondent No.1 be directed to readmit the petitioner without any delay. Learned counsel for the petitioner relies on the orders dated 22.03.2016 in W.P.(C)No.2219/2016 and dated 19.01.2018 in W.P.(C)No.494/2018

passed by this Court in support of his prayer for quashing the order dated 13.01.2018 whereby the petitioner's admission in respondent no.1-school was cancelled after his father's income certificate submitted at the time of seeking admission in respondent no.1 was found to be forged.

Having heard the learned counsels for the parties, I find that the issue raised in the present petition is squarely covered by the decisions of this Court in the aforesaid petitions, on which reliance has been placed by learned counsel for the petitioner. The admission of the petitioner was cancelled after it had been found that the initial certificate dated 02.01.2015 submitted by the petitioner's father was forged. However, keeping in view the fact that the fresh income certificate submitted by the petitioner's father has been duly verified and found to be genuine, the order dated 13.01.2018 passed by respondent no.1 is quashed and the respondent no.1/school is directed to forthwith admit the petitioner in the respondent no.1/school. It is also directed in case the petitioner has missed any internal examination etc., the respondent no.

1 will take appropriate steps to ensure that she is able to cope-up with the academic curriculum. The writ petition is accordingly allowed, subject to the payment of Rs.5,000/- to the Delhi High Court Bar Association Lawyers Social Security & Welfare Fund.

Dasti.

REKHA PALLI, J FEBRUARY 13, 2018/sr