Delhi High Court
Gitika Goel vs Dav Public Schoo L & Ors. on 25 July, 2016
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.07.2016
+ W.P.(C) 6037/2016 & CM No.24846/2016 (stay)
GITIKA GOEL ..... Petitioner
versus
DAV PUBLIC SCHOOL & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Jugal Bagga, Advocate.
For the Respondents : Mr. Dharampal, Sr. Assistant from respondent
No.1 school in person.
Mr. Sandeep Kapoor, Advocate for respondent
No.2.
Mr. Shadan Farasat with Mr. Ahmed Said,
Advocates for respondent Nos.3 and 4.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
25.07.2016
SANJEEV SACHDEVA, J. (ORAL)
1. Learned counsel for the petitioner submits that the petitioner spells
her surname as "Goyal" with the full name as "Gitika Goyal". The
statement is taken on record.
2. The present writ petition has been filed seeking quashing of letter
dated 08.03.2016 whereby the admission of the petitioner has been
cancelled and name of the petitioner has been struck off from the rolls of
the school on the ground that income certificate furnished at the time of
seeking admission was fake and forged.
3. 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. Learned counsel for the petitioner submits that copy of the
income certificate was filed in the Registry vide diary No.176350/2016
dated 18.07.2016. The same is not on record. The Registry is directed to
place the same on record. Learned counsel for respondent Nos.3 and 4
has produced a copy of the e-mail issued by Sub Divisional Magistrate,
Rohini confirming that the certificate is valid and the same has been
issued. The same is taken on record.
4. 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.'.
5. As the issue involves the education of minor and the minor falls in
the eligible category and 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 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.
6. The petitioner shall also be entitled to all the benefits/entitlements
under the said category.
7. The writ petition is, accordingly, disposed of in the above terms.
8. It is clarified that if the new income certificate furnished 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 petitioners by virtue of
the present order.
Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 25, 2016
st
