Master Apurva Sharma (Minor) vs Taksila Public School & Anr.
2009 Latest Caselaw 3334 Del

*                      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                               W.P.(C.) No.10556/2009

%                             Date of Decision: 24.08.2009

Master Apurva Sharma (Minor)                                 .... Petitioner
                   Through Ms.Kusum, Advocate.

                                      Versus

Taksila Public School & Anr.                       .... Respondents
                      Through Mr.H.C.Anand,    Advocate  for  the
                              respondent No.1.
                              Mr.Amiet Andlay, Advocate for the
                              respondent No.2.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.      Whether reporters of Local papers may be               YES
        allowed to see the judgment?
2.      To be referred to the reporter or not?                 NO
3.      Whether the judgment should be reported in             NO
        the Digest?


ANIL KUMAR, J. (ORAL)

*

This is a petition seeking directions to the respondents to admit

the petitioner to Class XI and allow him to attend the classes and to

treat his case under EWS quota as per the Delhi School Education (Free

seats for Students belonging to Economically Weaker Sections) Order,

2006.

The learned counsel for the school, Taksila Public School has

produced a copy of letter dated 17th August, 2009 intimating the

petitioner's father Sh.Navin Kumar that the petitioner will be granted

admission in Class XI under the EWS Scheme provided the father of the

petitioner produces all the relevant documents.

Pursuant to the letter dated 17th August, 2009 issued to the

father of the petitioner, an affidavit dated 21st August, 2009 has been

filed in the Court, a copy of which is also given to the counsel for the

school where the father of the petitioner has deposed that his income

from all sources during the past one year i.e from 1st August, 2008 to

31st July, 2009 is Rs.52,000/-.

In view of the affidavit filed by the petitioner's father, the school is

directed to grant provisional admission to the petitioner in Class XI

under the EWS scheme. The petitioner shall be entitled to pay the

concessional fees under the EWS scheme subject to the father of the

petitioner producing a relevant certificate from the appropriate

authorities to the effect that he belongs to the economically weaker

section of the society within three months.

The learned counsel for the respondent No.2 states on

instructions that in case the petitioner applies for the appropriate

certificate under the EWS scheme, the certificate shall be issued by the

concerned SDM in accordance with law within eight weeks, if the father

of the petitioner would be entitled for the same. This is also made clear

to the father of the petitioner that if necessary certificate is not

submitted by the father of the petitioner to the school authorities, the

school shall be entitled to claim the fees payable by regular students

and, therefore, the petitioner will pay all the arrears of fees forthwith.

The learned counsel for the school on instructions states that the

petitioner shall be admitted to the school and permitted to attend the

classes from 25th August, 2009 provided he attends the school.

With these directions the petition is disposed of. Parties are left

to bear their own cost. All the applications are disposed of.

Copies of this order be given dasti to the counsel for the parties.

August 24, 2009                                             ANIL KUMAR, J.
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