Master Lavik Through His Father Pinku v. Govt Of NCT Of Delhi & ORS.

$~S-21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 903/2024 & CM APPLs.51873-51877/2024 MASTER LAVIK THROUGH HIS FATHER PINKU .....Appellant Through:

Mr.Ashutosh Kumar, Advocate with Mr.Devanshu Khanna, Mr.Vinod Chauhan and Mr.Saransh Bhardwaj, Advocates.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr.Divyam Nandrajog, Panel Counsel with Ms.Surbhi Soni, Advocate for GNCTD.

Mr.Kamal Gupta, Advocate with Mr.Sparsh Aggarwal, Mr.Karan Chaudhary and Ms.Yosha Dutt, Advocates for R-2.

Mr.Abhinav Sharma, Advocate with Mr.Mahendra Shukla, Advocate for MCD.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 06.09.2024 1.

Present appeal has been filed challenging the order dated 22nd August, 2024 passed by the learned Single Judge in W.P. (C) 1116/2024. The Appellant further seeks issuance of directions to Respondents No. 5 to allow the Appellant to join as a student of class 1, give him study material and school uniform and allow him to continue as a student as per the policy of the Respondent No. 5.

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 09/09/2024 at 12:16:29

2.

Learned counsel for the Appellant states that the learned Single Judge has erred in holding that there is no urgency to grant provisional admission to the Appellant herein in the absence of a clarification from Directorate of Education ("DoE").

3.

He further states that the only ground on which the case was adjourned was that the Court was awaiting Respondent No. 2's response on the distance criteria followed in granting admissions to students from DG/EWS category overlooking the fact that the coordinate Bench of this Court in various cases has already held that distance cannot be the sole criterion for rejecting admission to EWS/DG category students. 4.

Learned counsel for the Respondent No.2 disputes the submissions advanced by learned counsel for the Appellant. 5.

Having perused the impugned order, this Court finds that the learned Single Judge has given a finding with regard to 'no urgency' only in the context of matter being adjourned to 29th August, 2024 as 24th to 26th August, 2024 were holidays.

6.

As far as the argument that the issue of distance criterion is no longer res integra, this Court is of the view that the Appellant should cite relevant judgments before the learned Single Judge on the next date - which is only six days away.

7.

Accordingly, the present appeal along with applications is closed. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J SEPTEMBER 6, 2024/TS 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 09/09/2024 at 12:16:29