Nikhil (Minor) Through His Father ... vs Chinmaya Vidyalaya & Anr
2016 Latest Caselaw 5038 Del

$~51
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 02.08.2016

+        W.P.(C) 6339/2016 & CM No.26002/2016 (stay)
         NIKHIL (MINOR) THROUGH HIS FATHER SATISH
                                                                       .....Petitioner
                             versus

         CHINMAYA VIDYALAYA & ANR                                  ..... Respondents

Advocates who appeared in this case:

For the Petitioner           :Mr. B.K. Jha with Ms. Omika Dubey, Mr. Alok K. Rai and Mr.
                             Vijay Jha, Advocates

For the Respondents          : Mr Santosh Kumar Tripathi, Advocates for R-2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

02.08.2016

SANJEEV SACHDEVA, J. (ORAL)

1. The present petition has been filed seeking quashing of letter dated

04.03.2016 whereby the father of the petitioner was required to show

cause as to why appropriate action be not taken for cancellation of the

admission of the petitioner since the caste certificate submitted was not

issued by the Revenue Department/Govt. of NCT of Delhi.

2. It is contended by the petitioner that the petitioner belongs to

Valmiki Caste of Uttar Pradesh and had submitted a certificate issued by

the revenue authorities at Sahsvan, District Badiyun to the mother of the

petitioner. It is submitted that the said certificate is valid under the rules.

Alternatively, it is contended that the petitioner is also eligible under the

Economically Weaker Section (EWS) category since the income of the

parents of the petitioner is Rs.60,000/-. Income certificate dated

22.03.2016 has been filed alongwith the petition. The respondent No.2

was directed to verify the income certificate. A certificate of verification

issued by Tehsildar dated 29.07.2016 has been produced confirming that

the income certificate has been verified. The said verification certificate

is taken on record.

3. The learned counsel for the respondent No.2, Govt. of NCT of

Delhi submits that since the parents of the petitioner qualify under the

EWS category, the petitioner can be permitted to continue in the same

school under the EWS category.

4. Without going into the validty or otherwise of the caste certificate

submitted by the petitioner, in view of the fact that the petitioner qualifies

under the EWS category also, it is directed that the admission of the

petitioner be not cancelled and the petitioner is entitled to continue in the

said school under the EWS category.

5. The petitioner shall also be entitled to all the benefits/entitlements

under the said category.

6. The writ petition is accordingly disposed of in the above terms.

7. It is clarified that if the new income certificate furnished by the

petitioner is not found to be correct on any account, it shall be open to the

respondents to take appropriate action in accordance with law.

Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 02, 2016/st