Baby Garima Tonger (Minor) v. Govt.Of National Capital Territory Of Delhi (Through Director Of Education) And ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4425/2016 & C.M.Nos.18497-18498/2016 BABY GARIMA TONGER (MINOR) ..... Petitioner Through Mr.Ashok Kumar Singh, Advocate.

versus GOVT.OF NATIONAL CAPITAL TERRITORY OF DELHI (THROUGH DIRECTOR OF EDUCATION) AND ANR ..... Respondents Through Mr.Santosh Kumar Tripathi, ASC for GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.05.2016 Present writ petitions have been filed challenging show cause notices dated 19th April, 2016 as well as letters dated 22nd April, 2016 whereby names of the minor petitioners have been struck off from the School roll on the ground that the income certificates forwarded by their parents were fake and forged.

Learned counsel for petitioners states that even fresh income certificates of the parents of the minor petitioners still disclose their actual incomes as less than Rs.1 lakh.

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

Learned ASC for GNCTD states that recently the GNCTD has simplified the procedure for issuance of an income certificate. He also confirms that the new income certificate is genuine. He has handed over a verification report issued by the Executive Magistrate, Kalkaji and the same is taken on record.

As the issue involves the education of the minors and the genuine income certificates have subsequently been furnished and since no fault can be attributed to the minors, this Court takes a lenient view and directs that the admission of the minor petitioners be restored and not cancelled subject to a penalty of Rs. 5,000/- each 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 petitioners 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. Moreover, if the new income certificate furnished by the petitioner is found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission of the petitioner in accordance with law and no special equity shall be claimed by the petitioner by virtue of the present order.

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

MANMOHAN, J MAY 25, 2016 KA