Delhi High Court
Kumari Ananya Shorewala (Minor) ... vs Dav Public School Jasola Vihar & ... on 19 October, 2016
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.10.2016
+ W.P.(C) 7980/2016 & CM No.33094/2016 (for interim directions)
KUMARI ANANYA SHOREWALA (MINOR) THR HER
FATHER ANAND SHOREWALA ..... Petitioner
Through Mr. Khagesh B. Jha, Advocate.
versus
DAV PUBLIC SCHOOL JASOLA VIHAR & ANR.
....Respondents
Through
Advocates who appeared in this case:
For the Petitioner : Mr Khagesh B. Jha, Advocate
For the Respondents : Mr. Jeewan S. B. from respondent No.1 school.
Mr. Shatrajit Banjerji, Advocate for
Mr. Gautam Narayan, Advocate for respondent
No.2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
19.10.2016
SANJEEV SACHDEVA, J. (ORAL)
1. The present writ petition has been filed seeking quashing of letter
dated 03.05.2016 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.
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 18.05.2016 has been filed along with the
petition. The respondent no. 2 was directed to verify the correctness of
the certificate. Learned counsel for respondent no. 2 has produced a copy
of the certificate with an endorsement by the office of
Tehsildar/Executive Magistrate, Sarita Vihar certifying that the certificate
has been issued by the said office. The copy of the certificate with the
endorsement 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 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
OCTOBER 19, 2016
st
