SAMAR GUPTA Vs. GYAN BHARATI SCHOOL & ANR.

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing of letter dated 02.05.2016 whereby the admission of the petitioner has been cancelled and name of the petitioner has been struck off from the rolls of the school on the ground that income certificate furnished at the time of seeking admission was fake and forged.

(2.) Learned counsel for the petitioner contends that the income of the parents of the petitioner is less than Rs. One lakh per annum which is below the prescribed limit for the Economically Weaker Section (EWS) category. Fresh certificate dated 09.05.2016 has been filed along with the petition. The respondent no. 2 was directed to verify the correctness of the certificate. Learned counsel for respondent no. 2 has produced a copy of the certificate with an endorsement by the office of Tehsildar/Executive Magistrate, Saket certifying that the certificate has been issued by the said office. The copy of the certificate with the endorsement is taken on record.

(3.) Learned counsel for the petitioner relies on various judgments passed by this Court in similar circumstances whereby the school authorities were directed not to cancel the admission of the minor child on the ground of misdeeds of the father of the child. Learned counsel for the respondent school states that the seats in EWS category are still available. One such Judgment relied upon is dated 22.03.2016 in W.P.(C) 2219/2016, titled as 'Master Jai Raikwar and Ors. Vs. The Heritage School & Ors.'.