Ms. Yashtee (Minor) & Anr. vs Govt Of Nct Of Delhi
2023 Latest Caselaw 1660 Del

                                                Neutral Citation Number: 2023:DHC:2506




                            $~34
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            %                                           Decided on: 10th April, 2023
                            +      W.P.(C) 4147/2023 & CM APPLs. 16036/2023 & 16037/2023
                                   MS. YASHTEE (MINOR) & ANR.            ..... Petitioners
                                                    Through: Mr. Sanjeev Sagar with
                                                             Ms. Nazia Parveen, DHCLSC.
                                                    versus
                                   GOVT OF NCT OF DELHI                  ..... Respondent

Through: Mr. Santosh Kumar Tripathi, Standing counsel (Civil), GNCTD with Mr. Arun Panwar, Mr. Tapesh Raghav, Mr. Pradyumn Rao, Ms. Mahak Rankawat and Mr. Utkarsh Singh, Advocates.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]

MINI PUSHKARNA, J. (ORAL):

CM APPL. 16037/2023 (Application under Section 151 CPC on behalf of petitioner seeking exemption from filing certified copies of documents and 4 cm margined copies of documents as well as exemption from filing fair typed copies of dim annexures, hand written documents and single line typed annexures)

1. Application is allowed, subject to just exceptions.

2. Application is disposed of.

W.P.(C) 4147/2023 & CM APPLs. 16036/2023 (Application for stay under Section 151 CPC on behalf of petitioner)

3. The present writ petition has been filed with prayer for directions to the respondent to consider the case of the petitioner in EWS category for admission to class 5th in any school recognised by

Signature Not Verified Digitally Signed By:PURAN

Signing Date:13.04.2023 12:29:54 Neutral Citation Number: 2023:DHC:2506

the respondent for Academic year 2023-2024.

4. It is submitted that petitioners are students of Class IV studying in Bhatnagar International School, New Delhi. It is submitted that the petitioners belong to the Scheduled Castes (Disadvantage Group) and hence are entitled to be considered under Economically Weaker Section (EWS)/ Disadvantage Group (DG) category.

5. It is submitted that petitioners had earlier preferred writ petition being W.P.(C) No.13147/2019 before this Court, which came to be disposed of vide order dated 24.02.2022. By way of the said judgment dated 24.02.2022, this Court had directed the petitioners herein to make representation to the respondent with further directions that upon receipt of the representation of the petitioners, the respondent would consider the request and dispose of the representation.

6. Subsequently, a review petition was preferred by the petitioners, which came to be disposed of vide order dated 25.04.2022. By way of order dated 25.04.2022, this Court had again reiterated its earlier directions that the petitioners were at liberty to make representation to the respondent, who was directed to consider the same accordingly.

7. It is the case of the petitioners that they have made representations dated 25.02.2022, 18.07.2022, followed by request under the RTI Act, 2005 dated 02.09.2022. It is submitted that despite the aforesaid, no response has been received from the respondent.

8. Issue notice.

9. Notice is accepted by learned counsel appearing for the respondent.

10. I have heard learned counsels for the parties and with the

Signature Not Verified Digitally Signed By:PURAN

Signing Date:13.04.2023 12:29:54 Neutral Citation Number: 2023:DHC:2506

consent of the parties, the matter is taken up for final hearing.

11. The only contention raised on behalf of the petitioners is that despite categorical orders passed by this Court vide order dated 24.02.2022 and 25.04.2022, the representations made on behalf of the petitioners for admission under the EWS/DG category have not been considered by the respondent.

12. In view thereof, the present writ petition is disposed of with directions to the respondent to consider and dispose of the representation of the petitioners within time bound period, within a period of two weeks from today.

13. In case, the petitioners are aggrieved by any decision made by the respondent, the petitioners are at liberty to seek their remedies as are available as per law.

14. With the aforesaid directions, the present writ petition is disposed of.

MINI PUSHKARNA, J

APRIL 10th , 2023 c

Signature Not Verified Digitally Signed By:PURAN

Signing Date:13.04.2023 12:29:54