LAWS(DLH)-2010-10-60

MOHD ASIF KHAN Vs. NAVYUG SCHOOL

Decided On October 28, 2010
MOHD. ASIF KHAN Appellant
V/S
NAVYUG SCHOOL Respondents

JUDGEMENT

(1.) The twelve petitioners seek a declaration that their wards/children are entitled to be considered for admission in Nursery class and class-I in the Navyug School of the New Delhi Municipal Council (NDMC) at Tilak Lane, Tilak Marg, New Delhi and seek a direction to the NDMC and the said Navyug School for consideration of the wards of the petitioners for admission in the academic year 2010-11.

(2.) Notice of the writ petition was issued and a counter affidavit has been filed on behalf of Navyug Schools. No counter affidavit has been filed on behalf of the NDMC, Govt. of NCT of Delhi and Union of India but the counsels have been heard considering the urgency of the relief claimed and further considering that if the hearing of the writ petition was further delayed, it would become infructuous.

(3.) The petitioners claim to be residents of Mata Sundri Road and Minto Road areas of New Delhi. It is pleaded that the Navyug Schools are run by the Navyug School Educational Society which is fully financed, controlled and run by the NDMC. The petitioners claim that till the academic year 2008-09 their wards/children were being considered for admission to the aforesaid Navyug School. Wards/children of some of the petitioners other than the wards/children of petitioners whose admissions are claimed in the academic year 2010-11, were in the earlier years infact admitted to the said Navyug School. The petitioners claim that the said Navyug School w.e.f. academic year 2009-2010 started denying admission to the residents of Mata Sundri Road and Minto Road areas on the ground that on redrawing up of the various constituencies pursuant to Delimitation, the said areas had fallen outside of the New Delhi Parliamentary Constituency.