Miss Erika Thr Father Yashpal Dua v. D A V Public School Pushpanjali Enclave & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4855/2016 & C.M.No.20246/2016 MISS ERIKA THR. FATHER YASHPAL DUA ..... Petitioner Through Mr.Khagesh B.Jha, Advocate.

versus GYAN BHARTI SCHOOL & ANR ..... Respondents Through Mr.B.K.Khurana with Mr.Rajender Agarwal, Advocates for R 1.

Ms.Renu Chauhan, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 01.06.2016 Present writ petition has been filed challenging the letter dated 08th March, 2016 whereby the petitioner's parents were requested to get their income certificate verified by the concerned authorities on or before 15th March, 2016, failing which admission of minor petitioner would be cancelled.

It has been averred in the petition that petitioner belongs to EWS and his parents hold a valid food security card which is an admissible document as income proof.

Learned counsel for the petitioner 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 petitioner can be accommodated in the school.

Learned additional standing counsel for GNCTD states that the Food Security Card of petitioner's parents is genuine. She has handed over a verification report issued by Food and Supply Officer, Rithala, and the same is taken on record.

As the issue involves the education of a minor and a genuine food security card has been furnished and since no fault can be attributed to the minor, this Court takes a lenient view and directs that the admissions 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. Moreover, if the food security card 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 application stand disposed of.

MANMOHAN, J JUNE 01, 2016 KA