Delhi High Court
Bhavya Kumar vs Manav Bharati India ... on 25 July, 2016
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.07.2016
+ W.P.(C) 5972/2016
BHAVYA KUMAR ..... Petitioner
versus
MANAV BHARATI INDIA INTERNATIONAL SCHOOL &
ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Shubhankar Jha.
For the Respondents : Mr R.K.Vats for R-1.
Mr Rajat Malhotra for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
15.07.2016
SANJEEV SACHDEVA, J. (ORAL)
1. The present writ petition has been filed seeking a mandamus to the
respondent/School to permit the petitioner to continue her studies in the
respondent/School. Learned counsel for the respondent submits that the
name of the petitioner has not yet been struck off from the School.
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 income certificates for each of the petitioner have been
filed along with the petition. Learned counsel for respondent No.2 has
produced a copy of the certificate issued by the Tehsildar (Hauz Khas),
Delhi confirming that the certificates have has been issued. The same is
taken 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
children on the ground of misdeeds of the fathers of the children. 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 minors and the minors fall in
the eligible category and income certificates certifying the said fact have
been furnished and no fault can be attributed to the minors, 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 penalty of Rs. 5,000/- by the respective fathers of each 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.
6. The writ petition is accordingly disposed of in the above terms.
7. It is clarified that if the new income certificates furnished are 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.
8. It is also clarified that no opinion is expressed with regard to the
criminal proceedings.
Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 22, 2016
'sn'
