Master Mohamad Arhaan Siddiqui v. Government Of NCT Of Delhi And ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12497/2024 & CM APPL. 51939/2024 MASTER MOHAMAD ARHAAN SIDDIQUI .....Petitioner Through:

Mohd.

Imran Jamal, Advocate (through video-conferencing).

versus GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents Through:

Mr. Karn Bhardwaj (ASC,GNCTD), Mr. Shubham Singh, Mr. Rajat Gaba and Mr. Saurabh Dahiya, Advocates.

Mr.

Kamal Gupta, Mr.

Sparsh Aggarwal, Mr. Karan Chaudhary, Ms.

Yosha Dutt, Advocates for School.

Mr. Atul Krishna, Advocate for UoI.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.09.2024 1.

The present writ petition under Article 226 of the Constitution of India, has been filed on behalf of the petitioner, seeking the following reliefs:

"(a) Issue a writ of certiorari under Article 226 of the Constitution of India for quashing the letter/order dated 01-07-2024 issued by Respondent No.6 for striking off the name of the petitioner from the school rolls on the ground of it being violation of right to education provided under article 21A and 41 of Constitution of India.

(b) Issue an appropriate order for directing Respondent No. 3 "DDE" to submit the action taken report as already directed by Respondent No.5 the Hon‟ble The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

NCPCR vide its letter dated 22-07-2024.

(c) Issue an appropriate order for directing Respondent No. 3 to take action against Respondent No. 1 and 2 for the offence committed by Respondent No. 1 u/s 17 of Right to Education Act, 2009 which the Respondent No. 3 have already taken cognizance u/s 13(1)(J) of CPCR Act, 2005 vide its letter dated 22/07/2024. (d) Issue an appropriate order directing School to allow the petitioner to attend regular classes till completion of the current academic year and remit/condone the absence of the petitioner from 0107-2024 till the order of the Hon‟ble Court to avoid question of required attendance which may arise in appearing in the CBSE Board examination"

2.

Issue Notice. Mr. Karn Bhardwaj, learned ASC accepts notice on behalf of respondent no. 1 -GNCTD, and Mr. Kamal Gupta, learned counsel accepts notice on behalf of respondent no. 6 and 7-School. 3.

Learned counsel appearing on behalf of the petitioner, on instructions from the father of the petitioner, states that the father of petitioner will clear arrears of the fee, within two months from today, and also states that he will continue to pay the fees regularly, as per the fee payment schedule of the respondent School.

4.

It is also stated by learned counsel for the petitioner, on instructions, that the complaint dated 12.08.2024, made to Chairperson, NCPCR, will be withdrawn, since the respondent School has addressed the main grievance of the petitioner and has also given him time to deposit the fees, within two months from today.

5.

Learned counsel appearing on behalf of respondent School, makes a statement before this Court, that the name of the child will be restored and the letter/ order dated 01.07.2024, vide which it was struck off from the rolls The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the school, will be withdrawn.

6.

No further relief is prayer for, at this stage. 7.

In the above terms, the writ petition is accordingly disposed of. 8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J SEPTEMBER 6, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.