Darbari Lal Dav Model School Through The Chairman v. Directorate Of Education, Govt. Of NCT Of Delhi And ANR
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13112/2024 & CM APPL. 54779/2024 DARBARI LAL DAV MODEL SCHOOL THROUGH THE CHAIRMAN .....Petitioner Through:
Mr.Yogesh Kumar, Mr.Raj K.Mittal, Ms.Bharti Kapil and Ms.Uma, Advocates versus DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI AND ANR .....Respondents Through:
Mr.Divyam Nandrajog, Panel Counsel for GNCTD with Ms.Sreeja Pal, Advocate for R-1 and 2
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 20.01.2025 1.
The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of the petitioner challenging the impugned order dated 07.08.2024, vide which the representation of the petitioner-School for reduction of the number of seats under EWS category, was dismissed.
2.
The seats under EWS category are decided in terms of the Right of Children to Free and Compulsory Education Act, 2009, and notification No. 15(172)/DE/Act/2010/7792-7806 dated 28.02.2012. The said notification is reproduced as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel for the respondents submits that in view of the aforesaid notification, the seats under EWS category in the petitionerSchool have been decided. 4.
In this regard, attention has been invited to Paragraphs 19, 20 and 21 of the counter affidavit filed on behalf of the respondents, which read as under:- "...19. It is evident from the data that the highest declared sanctioned strength of the petitioner-school was 332 in last 3 years, i.e. in year 2021-22 and 2022-23. Accordingly, the petitioner-school was allotted seats under EWS/DG/CWSN category.
20. The actual number of admissions in Pre-School/Nursery as per UDISE data filled by the school in last 5 years is as under:
Total Admission in Nursery/PreSchool 2019-20 2020-21 2021-22 2022-23 2023-24
21. In light of the UD1SE records, the answering respondent rejected the representation of the petitioner-school to reduce its strength from 332 seats to 246 seats in Nursery class from the academic session 2024-25 and onwards. However, based on the highest number of admissions in the last five years, i.e., 310 students in 2019-20 in Pre-School/Nursery class, 310 seats were allotted in the Pre-School/Nursery class for Academic Year The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the academic session 2024-25."
5.
The academic year in question is 2024-25. Admittedly, the highest number of students admitted in the three previous academic years is of 2022-23 i.e. 244.
6.
At this stage, learned counsel for the respondent submits that since in the year 2021 and 2022, COVID-19 pandemic was there, therefore, the Directorate of Education has taken three academic years as 2019-20, 2022-23 and 2023-24. Learned counsel for the respondents submits that since during the pandemic period, in sessions 2020-21 and 2021-22, the actual strength of the school decreased drastically, therefore, the academic sessions from this period cannot be taken into consideration. 7.
Learned counsel for the petitioner, on instructions, fairly submits that the students, who have already been admitted under EWS category, shall continue their studies and shall receive all statutory rights. 8.
The Court, prima facie, finds no substance in the aforesaid contention of learned counsel for the respondents. In the writ jurisdiction, the Court is primarily concerned with the process of the decision making. There is no proper rational behind excluding the sessions 2020-21 and 2021-22.
9.
In view thereof, the matter is remanded back. The Directorate of Education is directed to consider the representation of the petitioner afresh for reduction of the number of seats under EWS category, in accordance with the law, within a period of four weeks. It is also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
directed that the Directorate of Education shall take a decision regarding the students, regarding allocating them to some other school, who have yet not been given admissions in the petitioner-School.
10. With the aforesaid directions, the instant petition alongwith pending application stands disposed of.
DINESH KUMAR SHARMA, J JANUARY 20, 2025 Dy/ht..
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.