Delhi High Court
Sandeep Kumar vs The Principal, Apeejay School Anr. on 5 March, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~30 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14843/2023 and CM APPL. 59074/2023
DEEPAK RAJ ..... Petitioner
Through: Mr. N.K. Upadhyay and Mr.
U.B. Sharma, Advocates.
versus
THE PRINCIPAL APEEJAY SCHOOL
AND ORS. ..... Respondents
Through: Mr. Kamal Gupta, Ms. Tripti
Gupta, Mr. Sparsh Aggarwal, Mr. Manish
Vashist, and Mr. Nikhil Kukreja, Advocates
for R1.
Mr. Utkarsh Singh and Ms. Prasansha
Sharma for Mr. Santosh Kumar Tripathi,
Standing Counsel for DoE.
+ W.P.(C) 15376/2023 and CM APPL. 61690/2023
SANDEEP KUMAR ..... Petitioner
Through: Mr. N.K. Upadhyay and Mr.
U.B. Sharma, Advocates.
versus
THE PRINCIPAL, APEEJAY SCHOOL ANR. ... Respondent
Through: Mr. Kamal Gupta, Ms. Tripti
Gupta, Mr. Sparsh Aggarwal, Mr. Manish
Vashist, and Mr. Nikhil Kukreja, Advocates
for R1.
Mr. Utkarsh Singh and Ms. Prasansha
Sharma for Mr. Santosh Kumar Tripathi,
Standing Counsel for DoE.
Signature Not Verified
Digitally Signed By:AJIT W.P.(C) 14843/2023 Page 1 of 4
KUMAR
Signing Date:19.03.2024
17:53:11
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 05.03.2024
1. These are cases in which, as per the submissions advanced at
the Bar today, allotment of admission to EWS students was granted on
the basis of the number of seats worked out by the Directorate of
Education (DoE), after conducting a computerized draw of lots.
2. Mr. Kamal Gupta, learned counsel for Respondent 1 School,
submits that, prior to the conducting of the computerized draw of lots,
the school had written to the DoE seeking a reduction in the number of
seats which it would have to fill for that academic year. Admittedly,
the said application was rejected by the DoE vide order dated 1
December 2022.
3. Mr. Gupta submits that said reduction is subject matter of a
challenge before this Court in W.P.(C) 14287/2023, in which on 2
November 2023, while issuing notice on the writ petition, the DoE
was restrained from taking any coercive action against the Respondent
1 School till the next date of hearing.
4. Prima facie, I am unable to see how this order has any bearing
on the petitioners' right to admission to the school. I have already
taken a view in para 59 of my decision in W.P. (C) 5194/2023, titled
Anjali Pandey v. Govt. of NCT of Delhi & Anr.1, that if, on the basis
of the data worked out by the DoE, against which time is granted to all
schools to make a representation, short-listing is conducted by the
DoE and children are allotted to the schools, the schools cannot refuse
to grant admission to the children so shortlisted. In Anjali Pandey, the
Court was not in a position to grant relief ultimately, as, within the
time granted by the DoE, a representation was made by the concerned
school for reduction in the number of EWS seats, which was allowed
by the DoE. It was in those circumstances that this Court held that the
school was entitled to the benefit of the said decision.
5. Mr. Gupta, learned counsel for the School, submits that as the
school had applied before the draw of lots for reduction of the number
of EWS seats which it would have to fill, it is entitled to the benefit of
the observations contained in the penultimate sentence of para 59 of
the judgment of this Court in Anjali Pandey, which distinguishes
cases in which schools have actually applied for reduction of the seats
prior to computerized draw of lots.
6. Mr. Gupta would have to convince the Court that he is entitled
to the said benefit, despite the fact that the application filed by the
school was in fact rejected by order dated 1 December 2022, and in
W.P.(C) 14287/2023 filed against the said order, there is no stay of
operation of the order but only a stay against coercive action against
the respondent.
1 2024 SCC OnLine Del 584
7. Mr. Gupta undertakes to convince the Court in that regard on
the next date of hearing.
8. Renotify on 11 March 2024.
C. HARI SHANKAR, J.
MARCH 5, 2024/yg
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