Social Jurist, A Lawyer'S Group vs Government Of National Capital ...
2002 Latest Caselaw 1165 Del

ORDER

1. With the consent of the parties we are disposing of the writ petition at the admission stage.

2. By this writ petition, which falls in the category of public interest litigation, the petitioner seeks a direction to the respondent to admit Harish Chander, a student of Class IX, in Government Co-education Senior Secondary School, Bakkarwaia, Delhi. It seems that the shack in which Harish Chander was living with his father at Shalimar Bagh was demolished and the family has been relocated to JJ Colony, Bakkarwaia, Delhi. The grievance of the petitioner is that Harish Chander has not been given admission in the Government Co-education Senior Secondary School, Bakkarwaia, Delhi. In Civil Writ Petition No. 3507/2000 where we were faced with the same situation, Counsel for the Government of National Capital Territory of Delhi, had made a statement to the effect that the children of the parents who have been relocated in re-settlement colonies will be granted admissions in the schools.

2. It cannot be denied that the Government Boys Senior Secondary School, AP Block, Shalimar Bagh, Delhi, where the student was earlier studying is at a distance of 22 kms. from the resettlement colony. In the circumstances, the respondents cannot deny admission to him in Government Co-education Senior Secondary School, Bakkarwala. The student and his family have been dislocated from Shalimar Bagh not because of their own volition but they have been forced to shift to JJ Colony, Bakkarwala. It will be unjust, unfair and inhuman if Harish is denied admission in Class IX in the aforesaid school. We may clarify that even if Harish is found to be over age by a few days, it cannot disentitle him from being admitted in the school. It is not a case of fresh admission, but a case of grant of re-admission to Harish on account of circumstances created by the respondents. The State cannot be allowed to back-out of the commitment which it had made in CWP No. 3507/2000. In the circumstances, we direct respondent No. 2 to admit Harish Chander in Class IX within one week.

A copy of this order be given dusty to the learned Counsel for the parties.