Master Sourav Mahalawat Through Next Friend v. The Heritage School & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3299/2016 MASTER SOURAV MAHALAWAT THROUGH NEXT FRIEND ..... Petitioner Through: Mr. Dhruv Sharma, Adv.

versus THE HERITAGE SCHOOL & ORS ..... Respondents Through: Mr. Vinod Kumar Bhati, Adv. for Mr.

Devesh Singh, ASC, GNCTD Mr. Sanjeev Kumar, Adv. for respondent-school

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.04.2016 CM Appl. 14052/2016 Exemption allowed, subject to just exceptions. W.P.(C) 3299/2016 Present writ petition has been filed challenging the expulsion letter dated 28th December, 2015 whereby the admission of the minor petitioner has been cancelled on the ground that the income certificate forwarded by his father was not genuine.

Learned counsel for petitioner states that even fresh income certificate of the parent of the minor petitioner still discloses their actual income as less than Rs.1 lakh.

Learned counsel for the petitioner also relies upon the orders dated 21st January, 2016 and 26th February, 2016 passed by this Court in W.P.(C) 557/2016, wherein this Court directed the school authorities

not to cancel the admissions of the minors on the ground of the misdeeds of their fathers.

Learned counsel for the Heritage School states that the seats in EWS category are still available with it and the minor petitioner can be accommodated in the school.

Learned senior standing counsel for GNCTD states that recently the GNCTD has simplified the procedure for issuance of an income certificate. He also confirms that the new valid income certificate is genuine.

As the issue involves the education of a minor and a genuine income certificate has subsequently been furnished and since no fault can be attributed to the minor, this Court takes a lenient view and directs that the admission of the minor petitioner be restored and not cancelled subject to a penalty of Rs. 5,000/- to be paid to Lok Nayak Jai Prakash Hospital, Delhi within a period of two weeks. This Court may mention that in the case of Master Jai Raikwar and Ors. Vs. The Heritage School and Ors., W.P.(C) No.2219/2016, it has allowed a similar writ petition.

Needless to say that the minor petitioner shall be entitled to all the benefits/entitlements under the said group.

However, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings.

With the aforesaid directions, present writ petition stands disposed of.

MANMOHAN, J APRIL 28, 2016/NG