AYESHA SANKHLA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner is a student belonging to the Scheduled Castes. Under the regime of the Right of Children to Free and Compulsory Education Act, 2009 ('the RTE Act'), she, therefore, belongs to the Disadvantaged Group (DG), who is entitled to admission to entry level classes under Sec. 12 of the said Act on preferential basis.

(2.) The petitioner applied to the Directorate of Education (DoE) for admission to the Nursery/Pre-School grade in the academic year 2022-2023. A computerized draw of lots was conducted by the DoE. As a result, the petitioner was shortlisted for admission to the respondent-school in the Nursery/Pre-School grade in the academic year 2022-2023.

(3.) As per the allegations in the petition, the respondent-school refused to admit the petitioner despite the outcome of the computerized draw of lots conducted by the DoE. Apparently in order not to lose precious academic years, the petitioner's father admitted her in another school. Mr. Rishabh Kapur, learned counsel for the petitioner, submits that this was done only under compulsion and that continuing the petitioner's education in the said other school would be beyond his financial means.