RENU Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner is a minor daughter of one Shri Man Singh, who has been working on the post of Senior Clerk in Motilal Nehru Sports School, Rai, District Sonepat (for brevity 'the School'). She has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution with a prayer for issuance of a writ in the nature of mandamus directing the school authorities to grant her admission in 6th standard as a day scholar instead of a 'boarder'. She had applied for admission to the 6th standard for the session 2005-06. On 2.3.2005, she was found medically fit and the following day on 3.3.2005, the school authorities issued a letter to her father regarding her admission to 6th standard as a boarder. He was asked to contact the Administrative Officer in the Meeting Room on 23.3.2005. It is appropriate to mention that the respondent institute is a 100 per cent boarding school and as a policy no day scholars are admitted. However, an exception has been carved out in favour of the children of the staff of school permitting them to study as a day scholar by imposing an embargo to the extent of two children. The father of the petitioner represented on 7.3.2005 (Annexure P-2) to the school authorities for admission of his third daughter as a day scholar citing the ground that he would not be able to provide funds for sending her to hostel. However, the application has been rejected on 25.4.2005 (Annexure P-3) by citing the policy decision that not more than two children of the same parents were to be granted the facility of studying as a day scholar at any given time.

(2.) The petitioner through her father again stated to have submitted a detailed representation on 27.4.2005 (Annexure P-4), representing that one of his daughters namely Ritu was admitted under the SAI Day Boarding Scheme on 26.7.2003. A copy of her admission letter dated 16.6.2003 has been placed on record as Annexure P-5. It was asserted that she was studying as day scholar and her status was changed from day scholar to that of boarder under SAI Day Boarding Scheme. It has also been urged in para 10 of the writ petition that there is another employee Shri Rajinder Singh Hooda, Athletic Coach, and all his three daughters namely Nidhi Hooda, Priyanka Hooda and Gaytri Hooda have been admitted as day scholars.

(3.) The stand of the school in its written statement is that it is a residential school and as an exception the children of staff members are admitted as day scholars with the embargo of two children of the same parents and that too subject to vacancy position. The petitioner is third child in addition to other two, who are already studying as day scholars and, therefore, it is claimed that she has to study as a Boarder. It has further been explained that all students admitted by the Sports Authority of India under the Day Boarding Scheme are studying as Boarders except the children of the school employees. Under the aforementioned scheme no child of the employees of the school has been admitted as a Boarder. A reference in that regard has been made to a letter dated 20.8.1999, written by the school to the Sports Authority of India informing them that the scheme concerning admission of students as a day scholar cannot be started at the school because as a policy no student is allowed to study as a day scholar except two children belonging to each of the parents from the school staff. A copy of the aforementioned letter has been placed on record as Annexure R-1. Reference has also been made to the decision of the meeting of the Empowered Committee, held on 1.6.2005 (Annexure R-2) reiterating the same decision. The respondents have also placed reliance on a policy decision dated 18.4.1990, which has been taken in the 37th meeting of the Special Board under the Chairmanship of His Excellency the Governor of Haryana (R-3). According to Clause 3(d) of this policy decision, the facility of day scholar has been extended to not more than two children of the same parents, subject to the condition that the child has acquired a place in the merit list and no change is to be permitted in the status of such a child as a day scholar to that of a Boarder.