High Court of DelhiW.P.(C)/7358/2017

Aastha Kumari v. Directorate Of Education And ANR

2017-09-07Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7358/2017 AASTHA KUMARI ..... Petitioner Through Mr.R.K.Kapoor and Ms.Kheyali, Advocates versus DIRECTORATE OF EDUCATION AND ANR ..... Respondents Through Ms.Prabhsahay Kaur, Advocate for R-1/GNCTD.

Ms.Savita Malhotra and Mr.Suman Malhotra and Ms.Priety, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 07.09.2017 C.M. No.30367/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 7358/2017 & C.M. No.30368/2017 The petitioner (minor) is studying currently in the 9th standard of respondent no.2 school. The name of the petitioner has been struck off from the roll of the school as arrears of fee had mounted and the amount has not been paid. Petitioner has been constrained to file the present petition.

Counter affidavit of respondent no.2 has been perused. Contention of the petitioner was that her father would clear the arrears (Rs.2,65,541/- up to 04.9.2017). Submission is that the petitioner seeks permission of this Court to pay this amount in instalments which is also his representation made to the school as

well.

This representation has been accepted and this has been reflected in the counter affidavit of respondent no.2 wherein respondent no.2 agreed to accept monthly instalments. Father of the petitioner is present in person. He undertakes to clear all arrears of the fee by March, 2018 by paying Equal Monthly Instalments (EMIs) which would work out to about Rs.38,000/- per month. The first instalment shall be paid on or before 10th of September, 2017 and shall be continued to pay every month up to March, 2018 till all arrears are cleared.

An affidavit to the said effect shall be placed on record by the father of the petitioner; a copy of which shall be furnished to the respondent no.2 as well. This affidavit shall incorporate the manner in which these instalments shall be made as also the undertaking of the father of the petitioner that he will continue to pay the current fee. This affidavit shall be filed within three days before respondent school. Needless to state that the petitioner is now permitted to attend her classes.

Petition disposed of in the above terms.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J SEPTEMBER 07, 2017 ndn