MASTER SINGHAM Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) Master Singham is an 8-year old boy. He was granted admission, in the Sanskriti School (hereinafter referred to as "the School") in 2013, under the Economically Weaker Section (EWS) category. Three years later, his admission was ignominiously cancelled, by the Directorate of Education (DoE), vide under Section 24(3) of the Delhi School Education Act, 1973 (hereinafter referred to as "the DSE Act") read with clause 6(a) of Notification, dated 7th January, 2011, issued by the Education Department of the Government of National Territory of Delhi (GNCTD). Acting through his father Gaurav Goyal, Master Singham has petitioned this Court, by means of the present proceedings, invoking its jurisdiction under Article 226 of the Constitution of India. Needless to say, the petitioner prays for issuance of a writ of mandamus, quashing the aforementioned order, dated 13th August, 2018, issued by the DoE, whereby his admission, to the School, has been cancelled, as well as the Show Cause Notice, dated 20th July, 2018, wherefrom it emanated. The Facts

(2.) All unaided schools [as defined in sub-clause (iv) of clause (n) of Section 2 of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the RTE Act")] are mandatorily required, by clause (c) of Section 12(1) of the RTE Act to admit, in Class I, at least 25% of the strength thereof, children belonging to the weaker section and disadvantaged group in the neighbourhood, and to provide free and compulsory elementary education to such children till the completion of such education. The proviso to the said clause clarifies that, in cases of schools imparting pre-school education, the clause would apply for admission to such pre-school education. "Child belonging to weaker section" stands defined, in clause (e) of Section 2 of the RTE Act, as "the child belonging to such parent or guardian whose annual income is lower than the minimum limits specified by the appropriate Government, by notification".

(3.) The petitioner was admitted to the School, in 2013, under the aforementioned EWS category. The petitioner's father provided, to secure the said admission, a domicile certificate, dated 18th February, 2012, issued by the Executive Magistrate in the office of the Deputy Commissioner (New Delhi District), certifying that he was a domicile of Delhi and a resident of A/154, Block S-117, Sanjay Camp, Chanakya Puri, New Delhi, and that he had been in continuous residence, at the said camp, for the past three years. The certificate was also attested by a Judicial Member of the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as "the CESTAT"). He also provided an Income Certificate, issued by the Tehsildar in the office of the Deputy Commissioner (New Delhi District), certifying, on the basis of the affidavit filed and documents produced by the petitioner's father, and "in view of the verification an enquiry report furnished by bailiffs/field staff etc.", that "the income from all sources" of the petitioner's father was assessed at Rs. 67,200/- p.a. The certificate also clarified that it was being issued for the purpose of school admission.