Delhi High Court
Ankit Kumar Through His Father Shyam ... vs Government Of Nct Of Delhi & Anr. on 22 April, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5523/2024 & CM APPL. 22672/2024, CM APPL.
22673/2024, CM APPL. 22674/2024
ANKIT KUMAR THROUGH HIS FATHER SHYAM
SUNDAR KUMAR ..... Petitioner
Through: Mr. Karan Luthra, Mr. Naman
Gowda, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ANR..... Respondents
Through: Mr. Utkarsh Singh, Adv. for
Mr. Santosh Kumari Tripathi, SC for DOE
Mr. Yogesh Kumar, Adv. for R-2 School
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E N T (O R A L)
% 22.04.2024
1. The petitioner in this case had applied, through his father, to the
Directorate of Education (DoE), for admission as a student belonging
to the Economically Weaker Section of Society (EWS) in class
KG/Pre-primary for the academic year 2023-2024, on 9 February
2023. A computerised draw of lots was conducted by the DoE,
consequent on which the petitioner was shortlisted for admission to
the KG/Pre-primary class in the Respondent 2-school.
2. According to the averments in the petition, the respondent-
WP(C) 5523/2024
Digitally Signed By:AJIT Page 1 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
school declined to admit the petitioner and, on representations made
by the petitioner to the respondent-school and statutory authorities in
that regard failing to elicit any favourable response, the petitioner has
instituted the present writ petition.
3. The prayer of the petitioner in the writ petition is that a
mandamus be issued to the respondent school to admit the petitioner
as per the allotment made by the DoE on the petitioner's application.
4. Unfortunately, the 2023-2024 academic year is over. The
allotment made by the DoE consequent on the computerised draw of
lots was for the year 2023-2024.
5. The petitioner has not submitted any application for the year
2024-2025, and there is no allotment in his favour in any school as an
EWS student for the 2024-2025 academic session.
6. I may note, here, that students who approached the Court
seeking admission on the basis of an allotment made by the DoE
consequent on the computerised draw of lots fall into three categories.
7. The first two categories relate to students who approach the
Court during the academic year in respect of which the allotment is in
their favour. Of these students, one category of students would be
those in whose favour the court passes an interim order of provisional
admission. The second category of students would be those in favour
of whom there is no order of provisional admission, but the court
WP(C) 5523/2024
Digitally Signed By:AJIT Page 2 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
passes an order reserving a seat for the student concerned in the class
in respect of which the allotment has been made by the DoE.
8. In both these cases, even if the writ petition is taken up after the
academic year is over, it is possible for the Court to direct admission
of the student in the next academic year.
9. Take a student who applies for admission as an EWS candidate
to KG/Pre-Primary class for the academic year 2023-2024. A
computerized draw of lots is conducted by the DoE, in which her
name is shortlisted for admission to KG/Pre-Primary, as the entry
level class, in School X.
A. Petition instituted during the 2023-2024 academic session, but
comes up for final hearing after the 2023-2024 academic session is
over
10. School X refuses to admit the student, whereupon she institutes
a writ petition before this Court, before the end of the 2023-2024
academic session. The writ petition, however, comes up for hearing
after the 2023-2024 academic session is over.
11. In such a situation, the Court cannot, quite obviously, direct
School X to admit the petitioner in the 2023-2024 academic session.
Can the Court, then, direct the petitioner to be admitted in Class I (the
next higher class) in the 2024-2025 academic session, though the
petitioner never applied for, and does not have in her favour, any
WP(C) 5523/2024
Digitally Signed By:AJIT Page 3 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
allotment by the DoE to Class I in School X for 2024-2025?
12. The issue is tricky, and decisions of learned Single Judges of
this Court have not all been one way.
13. If the Court passes an interim order directing provisional
admission of the student in accordance with the result of the DoE
allotment, there is no difficulty, as the student would, during the
pendency of the writ petition, also be entitled to progressive
promotion to higher classes, of course subject to the outcome of the
writ petition. If, therefore, the Court finds the denial of admission to
the student by the school to be legally unsustainable, it can allow the
writ petition by finally directing admission of the student in the class
in which the student is studying, in School X, at that point of time,
thereby making the interim order absolute.
14. Even if the Court passes an interim order not directing
provisional admission, but directing reserving of a seat in KG/Pre-
primary for the petitioner, and the writ petition is taken up after the
academic year 2023-2024 is over, the Court may nonetheless be in a
position to finally direct the school to grant admission to the student in
Class I for the academic year 2024-2025. This is because the unfilled
KG/Pre-primary EWS seats in the school for the academic year 2023-
24 would be carried forward to the year 2024-2025. If, among those
seats, the Court has already reserved a seat for the petitioner in
KG/Pre-primary in 2023-2024, that seat would remain reserved for the
petitioner among the carried forward seats of 2023-2024. That seat
WP(C) 5523/2024
Digitally Signed By:AJIT Page 4 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
would not, therefore, be available to the general EWS applying public
for admission. As that seat would remain reserved in the petitioner's
name in Class I for the year 2024-2025, the Court is empowered to
finally direct the school to admit the petitioner in class I against that
seat in 2024-2025.
15. If, however, there is neither any interim order of provisional
admission or directing reserving of a seat for the petitioner passed by
the Court, then, after the academic year is over, the right of the student
to be granted admission to the school would perish with the coming to
an end of the 2023-2024 academic year. The petitioner would not
have any seat allotted by the DoE in her favour in Class I in the school
for 2024-2025. Further the unfilled seats in Kg/Pre-primary in 2023-
2024, even if carried forward, would then be available for all EWS
students who seek admission in class I for the academic year 2024-
2025, as no seat has been reserved for the petitioner under any interim
order of the Court. It would be unfair, therefore, to deny such EWS
applicants for the 2024-2025 academic year one seat merely because
there was an allotment in KG/Pre-primary in 2023-2024 in favour of
the petitioner which did not fructify. That seat, even if carried
forward, would be available for being filled by all EWS students who
would have to apply and compete in the computerised draw of lots
held by the DoE.
16. This position would apply, equally, where the petitioner has
approached the Court, on the basis of an allotment to KG/pre-primary
by the DoE for 2023-2024, but after the 2023-2024 academic year is
WP(C) 5523/2024
Digitally Signed By:AJIT Page 5 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
over. The present petitioner falls in this last unfortunate category.
Though the petitioner was allotted a seat by the DoE in its
computerised draw of lots for 2023-2024 in the respondent-school, the
petitioner did not seek to enforce that right, by approaching this Court,
in the 2023-24 academic year, during which alone the right subsisted.
17. Accordingly, the seat in the respondent school, which was
allotted in favour of the petitioner by the DoE would now be carried
forward to Class I in the respondent school. As that seat has not been
reserved in favour of the petitioner by any order passed this Court, the
seat would be available along with all other carried forward seats in
class I in the respondent school to be filled by the entire pool of EWS
students who seek admission to class I.
18. Needless to say, the petitioner would also be at liberty to apply
as an EWS student in class I for the academic session 2024-2025 with
the DoE.
19. In case such an application is made in accordance with the
procedure prescribed in that regard, the case of the petitioner would be
considered along with all other students in accordance with the law.
20. Mr. Luthra, learned Counsel for the petitioner, had sought to
place reliance on the judgment of a Coordinate Bench of this Court in
Shivank Mathur v. Directorate of Education1.
1 2023 SCC OnLine Del 1283
WP(C) 5523/2024
Digitally Signed By:AJIT Page 6 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
21. That case is, however, distinguishable on facts. In that matter,
the petitioner approached the Court in 2022, for admission against the
academic year 2022-2023 and the writ petition was taken up and
decided on 28 February 2023, much before the end of the 2022-2023
academic year. The Court was, therefore, in a position to direct that
the petitioner be granted admission in accordance with the decision of
the computerised draw of lots conducted by the DoE for the 2022-
2023 academic year.
22. However, as the 2022-2023 academic year was drawing to a
close, the Court deemed it appropriate to direct the petitioner directly
to be admitted to the class I in the academic session 2023-2024.
23. That case is, therefore, clearly distinguishable from the present
in which the petitioner has approached this Court after the end of the
academic session in respect of which allotment has been made in the
petitioner's favour by the DoE.
24. The petitioner cannot, therefore, obtain any relief on the basis of
the judgment of the Coordinate Bench of this Court in Shivank
Mathur.
25. This writ petition is therefore disposed of by declining the relief
to the petitioner as sought by him, but reserving liberty with the
petitioner to apply in 2024-2025 as an EWS student to the DoE. Any
such application, if made, would be considered on its own merits.
WP(C) 5523/2024
Digitally Signed By:AJIT Page 7 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
26. Miscellaneous applications also stand disposed of.
C. HARI SHANKAR, J.
APRIL 22, 2024
dsn
Click here to check corrigendum, if any
WP(C) 5523/2024
Digitally Signed By:AJIT Page 8 of 8 Digitally Signed
KUMAR By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:23.04.2024 Signing Date:23.04.2024
16:06:23 16:05:27
