Delhi High Court
Umme Faiyza vs Manava Bharati India ... on 3 August, 2016
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.08.2016
+ W.P.(C) 6530/2016
UMME FAIYZA ..... Petitioner
versus
MANAVA BHARATI INDIA INTERNATIONAL SCHOOL
AND ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Mukesh Gupta, Advocate.
For the Respondents : Mr. R.K. Vats with Ms. Kumari Alka, Advocates for
respondent No.1.
Ms. Aayushi Gupta, Advocate for Mr. Raman Duggal,
Advocate for respondent Nos.2 to 4.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
03.08.2016
SANJEEV SACHDEVA, J. (ORAL)
1. The present petition has been filed seeking quashing of the action
of the respondent No.1 school in cancelling the admission of the
petitioner on the ground that the income certificate furnished at the time
of seeking admission was fake and forged. Learned counsel for the
respondent No.1 school submits that till date no admission has been
cancelled even though show cause notice was issued.
2. Learned counsel for the petitioner contends that the income of the
parents of the petitioner is less than Rs. One lakh per annum which is
below the prescribed limit for the Economically Weaker Section (EWS)
category. Fresh certificate dated 05.05.2016 has been filed along with the
petition. The respondent no. 2 was directed to verify the correctness of
the certificate. The income certificate has already been verified and the
verification report is already on record.
3. Learned counsel for the petitioner relies on various judgments
passed by this Court in similar circumstances whereby the school
authorities were directed not to cancel the admission of the minor child
on the ground of misdeeds of the father of the child. Learned counsel for
the respondent school states that the seats in EWS category are still
available. One such Judgment relied upon is dated 22.03.2016 in W.P.(C)
2219/2016, titled as 'Master Jai Raikwar & Ors. Vs. The Heritage
School & Ors.'.
4. As the issue involves the education of a minor and the minor falls
in the eligible category and an income certificate certifying the said fact
has been furnished and no fault can be attributed to the minor, in the facts
of the case, a lenient view is required to be taken. It is thus directed that
the admission of the petitioner be restored and not cancelled, subject to
deposit of a penalty of Rs. 5,000/- by the father of the petitioner with the
Lok Nayak Jai Prakash Hospital, Delhi within two weeks. The hospital
shall utilize the amount for providing treatment to the persons falling
under the EWS category.
5. The petitioner shall also be entitled to all the benefits/entitlements
under the said category. The writ petition is accordingly disposed of in
the above terms.
6. It is clarified that if the new income certificate furnished by the
petitioner is found to be fictitious or not correct on any account, it shall
be open to the respondents to cancel the admission of the petitioner in
accordance with law and no special equity shall be claimed by the
petitioner by virtue of the present order.
Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 03, 2016
st
