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High Court of DelhiW.P.(C)/9510/2016

Aarti Thr Moher Sagar Devi v. Govt Of NCT Of Delhi And ORS

2018-02-19Hon'Ble Ms. Justice Rekha Palli2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9510/2016 AARTI THR MOHER SAGAR DEVI ..... Petitioner Through:

Mr.Khagesh B. Jha, Adv.

versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr.Gautam Narayan, ASC with Mr.R.A. Iyer, Adv. for R-1/GNCTD.

Mr.Harish Kumar Garg with Ms.Payal Agrawal, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.02.2018 Vide the present petition filed on 28.09.2016, the petitioner had prayed for a direction to respondent No.1 to supply two free sets of uniform and writing material to the petitioner and continue to do the same till she completes the education in her school. Learned counsel for the petitioner concedes that for the academic year 2016-2017 and for the academic year 2017-2018, the petitioner was granted cash subsidy in lieu of the uniform which has been duly accepted by the petitioner. Though learned counsel for the petitioner submits that the cash subsidy was accepted by the petitioner under protest, he is unable to show anything in support of his aforesaid plea.

Be that as it may, learned counsel for the petitioner has handed over a copy of the minutes of the meeting dated 01.09.2017 held in the office of the Hon'ble Chief Minister of the Government of NCT of Delhi wherein a decision appears to have taken that from the next academic year, the Directorate of Education shall ensure that the uniform, textbooks and written material to the students in Government schools would be given in kind and not in cash. He submits that in view of this decision taken on 01.09.2017, the respondent No.1 is bound to follow the same which clearly states uniform, textbooks and written material to the petitioner in kind and not in cash.

Mr.Gautam Narayan, Advocate appearing for respondent No.1 submits that he is presently not aware of the minutes of the aforesaid meeting but he assures the Court that the respondent will abide by the applicable rules and the decisions taken by the Department. A copy of the minutes handed over by the petitioner have been taken on record.

In view of the aforesaid statement made by learned counsel for the respondent No.1, learned counsel for the petitioner does not press the present petition any further and the same is disposed of as not pressed.

REKHA PALLI, J FEBRUARY 19, 2018 gm