SHISHTI SOLKAR Vs. MAHAVIR SR.MODEL SCHOOL

JUDGEMENT

(1.) THE petitioner no.1 who is a student of 10th standard and the petitioner no.2, the father of the petitioner no.1 have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India to seek directions to direct the respondent no.1/Mahavir Senior Model School and the respondent no.2, the Manager of the said school to issue admit card of the petitioner no.1 for appearing in the Board Examination of 10th class commencing from 15th March, 2011. THE petitioners also seek directions to direct the respondents 1 and 2 to grant entire fee concession to the petitioner no.1 for the academic session 2010-2011 and also for the future academic sessions.

(2.) THE aforesaid directions have been sought by the petitioners based on the facts that the petitioner no.1 was admitted in the respondent no.1 school in the year 1999 in the nursery class and at present she is studying in the 10th standard and was slated to appear in the forthcoming Board examination scheduled to be held from 15th March, 2011. THE petitioner no.2 has claimed that he belongs to the economically weaker section of the society and also belongs to the scheduled castes category and thus his daughter is eligible for grant of fee concession . THE petitioner no.2 has placed on record a copy of income certificate duly certified by the Office of the Deputy Commissioner (North West District) Delhi to show that his income is Rs.4,000/-. It is also the case of the petitioners that looking into the financial condition of the petitioner no.2, the respondent no.1 school had granted fee concession in favour of the petitioner no.1 to the extent of 50% since 2004 to 2007-2008. THE petitioners have further stated that in the year 2009-2010 they had applied for full fee concession in the category of EWS as per the circular issued by the Directorate of Education granting fee concession to those whose earning is up to Rs.40,000/- annually, but since the fee concession was not granted by the respondent nos. 1 and 2, the petitioners filed a writ petition bearing W.P.(C) No. 12775/2009 before this court and vide order dated 29.1.2010, the said petition filed by the petitioner was disposed of by this court in view of the statement made by the counsel for the respondents that they had already granted 50% concession in terms of Rule 158 of the Delhi School Education Rules, 1973. It is also the case of the petitioners that the petitioner no.1 was promoted in 10th class but her name was struck off from the roll of the school as she was in arrears of the school fee and because of the alleged illegal act of the respondents 1 and 2, the petitioners preferred another writ petition bearing W.P.(C) No. 4707/2010 which was disposed of by this court vide order dated 6.12.2010 and while disposing of the said writ petition, this court left the option of the petitioners open to apply for claiming fee concession for the current academic year provided such an application is filed by the petitioner within a period of thirty days from the commencement of the then current academic session and in compliance of the said directions, the petitioners had applied for full fee concession for the present and future academic session. It is also the case of the petitioners that the said request made by the petitioners was rejected by the respondent no.1 school vide their letter dated 15.1.2011. It is also the case of the petitioners that even on payment of the arrears of the fee amount and of the current dues the respondent nos. 1 and 2 had withheld the admit card of the petitioner no.1 and being aggrieved by such acts of the respondent nos. 1 and 2, the petitioners have filed the present petition.

(3.) I have heard learned counsel for the parties at great length and given my thoughtful consideration to the arguments advanced by them.