Saurya Kumar v. The G D Goenka Public School And ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2663/2016 & CM APPL. 11254/2016 SAURYA KUMAR ..... Petitioner Through: Mr. A.K. Singh, Advocate with Mr. Medhanshu Tripathi, Advocate.

versus THE G D GOENKA PUBLIC SCHOOL AND ORS ..... Respondents Through: Mr. Rajat Aneja, Advocate with Ms. Rashmi Verma, Advocate for respondents No.1 and 2.

Mr. Sumit K. Batra, Advocate for respondents No.3 and 4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 01.04.2016 Present writ petition has been filed challenging the expulsion letter dated 05th March, 2016 issued by respondent No.1-school cancelling the petitioner‟s admission under EWS Category on the ground that a fake income certificate had been furnished.

Learned counsel for petitioner states that petitioner‟s father was himself a victim of fraud prevalent in the SDM Office, Mehrauli, New Delhi. He further states that the petitioner has now obtained a fresh income certificate which establishes that the petitioner would still be entitled to admission under the EWS Category.

Learned counsel for respondent-GNCT of Delhi states that recently GNCT of Delhi has simplified the procedure for income certificate. He also

states that the petitioner-father‟s new income certificate upon verification has been found to be genuine.

Learned counsel for respondent No.1-School states that petitioner‟s admission had never been cancelled and the petitioner had only been asked to pay fee that was being paid by the students belonging to the General Category. This Court may mention that in the case of Master Jai Raikwar and Ors. vs. The Heritage School and Ors., W.P.(C) 2219/2016 it has allowed a similar writ petition.

Keeping in view the aforesaid order and the fact that fresh income certificate of the parents of the minor still discloses their annual income to be less than Rs.1 lac, this Court directs that the minor petitioner shall continue with his studies in the respondent No.1-school under the EWS Category. Petitioner shall be entitled to all benefits/entitlements under the said group. However, as the petitioner‟s father had admittedly produced a wrong income certificate, he is directed to pay cost of Rs.5,000/- to the Lok Nayak Jai Prakash Hospital, Delhi, within two weeks.

With the aforesaid directions, present writ petition and application stand disposed of.

Order dasti under the signature of Court Master to all parties. MANMOHAN, J APRIL 01, 2016 js