Tanya v. Lancer Convent & ORS

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5023/2016 TANYA ..... Petitioner Through Mr.Ashish Kumar, Advocate.

versus LANCER CONVENT & ORS ..... Respondents Through Mr.Sameer Nandwani with Ms.Priyadarsi Acharya, Advocates for R-1.

Mr.Rahul Sharma with Mr.Ankit Roy, Advocates for R- 2, 3 & 4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 01.06.2016 Present writ petition has been filed challenging the alleged oral cancellation of admission of the minor petitioner by the respondent No.1-school on the ground that the income certificate forwarded by her parents was fake and forged.

The petitioner's father was called to school and was informed that the income certificate provided by him was incorrect. The father of petitioner obtained a fresh income certificate dated 04th January, 2016 from the concerned authorities and the same was submitted to the School. On 13th April, 2016, the petitioner's father was again called in school and he was informed that the petitioner's admission had been cancelled.

Learned counsel for petitioner states that even fresh income certificate of the parents of the minor petitioner still disclose 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 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 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 dated 31st May, 2016 issued by the Executive Magistrate, Saraswati Vihar and the same is taken on record.

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 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 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 application stand disposed of.

Order dasti.

MANMOHAN, J JUNE 01, 2016 KA