Delhi High Court
Niharika (Minor) Through Her Mother ... vs Directorate Of Education & Anr. on 23 April, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~111
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11579/2023
NIHARIKA (MINOR) THROUGH HER MOTHER POONAM
KUMARI ..... Petitioner
Through: Mr. Arikaneil Bhaumik, Mr.
Shahswat Kabi, Mr. Adhishwar Suri, Mr.
Rayadurgam Bharat and Mr. Suparna Jain,
Advs. (through DHCLSC)
versus
DIRECTORATE OF EDUCATION & ANR ...... Respondents
Through: Mr. Utkarsh Singh, Adv. with
Ms. Prasansha Sharma, Adv. for Mr. S.K.
Tripathi, SC for DoE
Ms. Jyoti Taneja, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E N T (O R A L)
% 23.04.2024
1. The petitioner is a student belonging to the Disadvantaged
Group Category (DG) of Society. She applied to the Directorate of
Education (DoE) for admission to Nursery/Pre-school in the academic
year 2023-2024, as an DG category student.
2. Consequent to a computerised draw of lots held by the
Directorate of Education (DoE), on 14 March 2023, the petitioner was
shortlisted for admission to Nursery/Pre-school in the Respondent 2
school.
Digitally Signed By:AJIT Digitally Signed
KUMAR WP(C) 11579/2023 Page 1 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:24.04.2024 Signing Date:24.04.2024
17:20:38 17:19:17
3. Complaining that the respondent-school did not admit the
petitioner despite her name having been shortlisted by the DoE, the
petitioner approached this Court.
4. On 20 December 2023, this Court directed the petitioner to be
granted provisional admission to Nursery/Pre-school as a DG category
candidate in the respondent-school in the academic year 2023-2024.
Consequent thereto, the petitioner has been studying with the
respondent-school as a DG category candidate in Nursery/Pre-school.
5. The issue in controversy in this case is squarely covered by
several decisions of this Court including Jai v. Directorate of
Education1.
6. This Court has uniformly adopted a view that if a student is
shortlisted for admission to a particular school in a particular class for
a particular academic year, consequent to a computerised draw of lots
conducted by the DoE, and approaches the Court during that academic
year, the petitioner would be entitled to a writ of mandamus directing
the school to admit the petitioner.
7. In the present case, the petitioner approached the court during
the academic year 2023-24. There is already an order of provisional
admission in favour of the petitioner.
8. On merits, the case is fully covered by the decision noted
Judgment dated 8 April 2024 in WP (C) 12113/2023
Digitally Signed By:AJIT Digitally Signed
KUMAR WP(C) 11579/2023 Page 2 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:24.04.2024 Signing Date:24.04.2024
17:20:38 17:19:17
hereinabove.
9. For the aforesaid reasons, this writ petition is allowed.
10. The provisional admission granted to the petitioner vide order
dated 20 December 2023 is confirmed and is made absolute.
11. The petitioner would be entitled to be continued to be educated
by the respondent-school under the DG category and would be entitled
to all benefits to which such candidates are entitled.
C.HARI SHANKAR, J
APRIL 23, 2024
dsn
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Digitally Signed By:AJIT Digitally Signed
KUMAR WP(C) 11579/2023 Page 3 of 3 By:CHANDRASHEKHARAN
HARI SHANKAR
Signing Date:24.04.2024 Signing Date:24.04.2024
17:20:38 17:19:17
