Tanu Pandey Thr Father Kamlesh Kumar Pandey v. Birla Vidya Niketan And ANR
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IN THE HIGH
COURT OF DELHI AT NEW DELHI + W.P.(C) 4728/2016 & C.M.No.19766/2016 MASTER YASHMIT THR FATHER RAJESH KUMAR Petitioner Through Mr.Khagesh BJha, Advocate.
versus BIRLA VIDYA NIKETAN AND ANR Respondents Through Mr.Santosh Kumar Tripathi, ASC for R-2/GNCTD.
+ W.P.(C) 4751/2016 & C.M.No.19829/2016 TANU PANDEY THR FATHER KAMLESH KUMAR PANDEY Petitioner Through Mr.Khagesh B.Jha, Advocate.
versus BIRLA VIDYA NIKETAN AND ANR Respondents Through Mr.Santosh Kumar Tripathi, ASC for R-2/GNCTD.
+ W.P.(C) 4739/2016 & C.M.No.19788/2016 MASTER ANANT (MINOR) THR FATHER NARENDBR Petitioner Through Mr.Khagesh B.Jha, Advocate.
versus BIRLAVIDYANIKETANAND ANR Respondents Through Mr.SantoshKumarTripathi,ASC for R-2/GNCTD.
Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 25.05.2016
Present
writ petitions have been filed challenging the cancellationletters dated 14'^^ April, 2016 whereby the admissionof minor petitioners were cancelled on the ground that income certificates forwarded by their parents were not genuine.
Learned counsel for petitioners states that even fresh income certificates of the parents of the minor petitioners still disclose their actual income as less than Rs.l laldi.
Learned counsel for the petitioners also relies upon the orders dated 21^^ January,2016 and 26^^^ February,2016 passedby 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 petitioner has handed over an affidavit of service which states that respondent no. 1-School has been sei-ved. As, despite service, none has appeared for respondent no. 1-School, it is proceeded ex parte.
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 certificates are genuine.
As the issue involves the education of minors and 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 admissions 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 petitioners are found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission of the petitioners in accordance with law and no special equity shall be claimed by the petitioners by virtue of the present order. With the aforesaid directions, present writ petitions and the applications stand disposed of.
Order dasti under the signatures of Court Master. MAY 25, 2016 KA u MANMOHAN, J