Delhi High Court
Baby Divyanshi Bisht & Ors. vs Vasant Valley School & Ors. on 19 August, 2016
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.08.2016
+ W.P.(C) 7036/2016
BABY DIVYANSHI BISHT & ORS. ..... Petitioners
versus
VASANT VALLEY SCHOOL & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners :Mr Varun for Mr Mukesh Gupta
For the Respondents : Mr. Vedanta Varma and Mr Vibhor Kush for R-1.
Mr. Peeyoosh Kalraa
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
W.P.(C) 7036/2016 & CM No.28953/2016(interim direction)
1. The present writ petition has been filed seeking quashing of letter
dated 23.12.2015 whereby the admission of the petitioners has been
cancelled and names of the petitioners have been struck off from the rolls
of the school on the ground that income certificates furnished at the time
of seeking admission was fake and forged.
2. Learned counsel for the petitioners contends that the income of the
parents of the petitioners is less than Rs. One lakh per annum which is
below the prescribed limit for the Economically Weaker Section (EWS)
category. Fresh certificates dated 21.06.2016, 01.07.2016 and 30.06.2016
have been filed by the petitioners 1, 2 & 3 respectively along with the
petition. The respondent no. 2 was directed to verify the correctness of
the certificates. The verification report of the income certificates has
already been filed by the respondents, who have verified the certificates.
3. Learned counsel for the petitioners 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 petitioners be restored and not cancelled, subject to
deposit of a penalty of Rs. 5,000/- by the father of the petitioners 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 petitioners 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
petitioners is found to be fictitious or not correct on any account, it shall
be open to the respondents to cancel the admission of the petitioners in
accordance with law and no special equity shall be claimed by the
petitioners by virtue of the present order.
Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 19, 2016
'sn'
