HARISH SABHARWAL Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition No. 966/ 96, Mr. Harish Sabharwal & Ors. v. Lt. Governor & Ors., and Civil Writ Petition No. 2373/96, Mr. Pradeep Yadav v. Lt. Governor & Ors.

(2.) The brief facts of the case are that on December 18, 1995 an open advertisement was published in "The Hindustan Times" inviting registration for admission to K.G. Class for Session 1996-97 for children of 4+ years as on April 1, 1996 from serving Air Force and Non-Air Force personnel. In response to the said public notice the petitioners registered their children by filling up the prescribed Forms on the basis of their eligibility for admission in "Non-Air Force" category.

(3.) The main contentions of the learned Counsel for the petitioners which have been canvassed before this Court are: (a) that though the respondent's school conducted test to determine merit, the results have not been declared and an arbitrary selection has been made; (b) the advertisement did not provide for debarring the children of non-Air Force personnel; (e) the school has not selected any body from non-Air Force category which is clearly violating the conditions as incorporated in advertisement. This action is arbitrary and discriminatory; (d) the petition under Article 226 is maintainable in view of the settled position of law as held by the judgment of the Supreme Court as reported in Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors., (1993) 1 Supreme Court Cases 645, to reiterate the proposition that a writ can be issued to the school in the facts of the present case.