MASTER HARMANPREET SINGH Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed on behalf of petitioner, inter alia, seeking issuance of an appropriate writ, order or direction, directing the respondents to admit or enroll the petitioner in the Nursery/ Pre-school Class under the EWS category for the Academic Session 2024-25, in the respondent no. 2 School i.e. Indraprastha World School.

(2.) Learned counsel appearing on behalf of the petitioner states that despite the petitioner's child being granted admission by way of the computerized draw of lots, respondent no. 2 School has denied admission to him. It is also stated that despite the petitioner approaching the respondent no. 2 School on several occasions, within the stipulated time period, the School has not accepted the renewed income certificate of the petitioner's parents. It is further stated that respondent School has failed to comply with the circulars dtd. 15/5/2024 and 31/5/2024 in providing admission to the petitioner as per the allotment made by respondent no. 1/DoE. It is stated that respondent no. 2, by its actions, is denying the petitioner the right to free and compulsory education of children between the age of six to fourteen years which is a fundamental right enshrined under Article 21A of the Constitution of India. It is also stated that the School's discriminatory action of not even letting the petitioner submit his documents for admission of his child is violative of Articles 14, 15 and 16 of the Constitution of India. It is stated that the denial of admission to the petitioner's child by respondent no. 2 School is also violative of the statutory provisions of the RTE Act, which recognizes and guarantees the right of the child to free and compulsory education. It is further stated that the allotment of school made to the petitioner child by respondent no. 1 is after due scrutiny and acceptance of all documents, and the very denial of admission by respondent no. 2 School is purely whimsical and contrary to the mandate of law.

(3.) On the other hand, learned counsel appearing on behalf of the respondent no. 2 School fervently refers to para no. 11(a) of Circular dtd. 24/4/2024 issued by respondent no. 1/DoE, which provides that the income certificate, forming the basis of applying under the EWS category, must have been issued prior to applying for online admission process.