MASTER TANMAY Vs. SANSKRITI SCHOOL AND ANR.

JUDGEMENT

(1.) Vide the present petition, the Petitioner, Master Tanmay, has sought a direction to the Respondent No.1-schoolo to allocate the requisite points to him as per its Point-Based system and consider his candidature for admission to class Nursery in the Respondent no.1/school.

(2.) The case as set up in the petition is that the Petitioner a three years old boy, had applied for admission to class nursery as a General candidate in the Respondent no.1/school for the academic year 2018- 19 through his father and had submitted his online application on 03.01.2018 after filling all the mandatory columns therein. The admission in Respondent No.1-school was based on the petitioner's application, which was successfully accepted and a Registration Acknowledgement Receipt with registration no.1195 was duly issued to him. On 01.02.2018, the respondent no.1-school issued a list of the candidates who had applied for admission to the pre-school for the academic year 2018-19 and the petitioner's name was duly included in the said list of candidates. It is further claimed in the petition that there was no column or note in the said list against the name of the petitioner to show that the petitioner's application form was in any way incomplete. However, on 08.02.2018 when the final list of General candidates was issued by Respondent No.1/School, alongwith points allotted to them as per the Point-Based System, it transpired that the petitioner's name was not included in the said list even though according to the petitioner, he had the requisite points which would have entitled him to be placed in the said list. The petitioner has relied on the criteria published by respondent no.1/school to contend that as per the Point Based System he was entitled to be granted 55 points in total for being considered for admission in Nursery class in Respondent No.1-school. It is further contended that upon realizing that his name was missing from the final list of candidates published by respondent no.1/school on 08.02.2018, the petitioner's parents visited the school and also sent written communications followed by a legal notice to Respondent no.1-school, which have all remained unanswered and it is in these circumstances the petitioner has approached this Court by way of present petition under Article 226 of Constitution of India.

(3.) On 13.02.2018, when the petition came up before this Court for admission, the learned counsel for parties were heard at some length, after which the learned counsel for Respondent No.1/School had sought time to obtain instructions and at his request the matter was adjourned to 20.02.2018. On 20.02.2018, the learned counsel for Respondent No. 1 school submitted that the school has already filed a counter affidavit and requested that the matter be decided on merits.