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2019 Supreme(Del) 405

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J.
Master Aditya Singh - Appellant
Versus
St Marks Sr. Secondary School and Another - Respondent
Writ Petition (Civil) No. 2384 of 2019, Civil Miscellaneous Application No. 11093 of 2019
Decided on : 21-05-2019

Advocates:
Advocate Appeared:
Rajeshwari H., Nupur Goswami, Apporva Pandey, G.G. Koshyap, Hetu Arora Sethi, Siddharth Agarwal, Adv.

The sibling criterion for school admissions applies only if the siblings are studying in the same school and cannot be expanded to cover siblings studying in two different schools, even if managed by the same society or management.

Headnote:

Admission - School Admissions - Points Allocation - Sibling Criterion - [SCHOOL ADMISSIONS] - [Anil Dev Singh Act, Section 9] - The court discussed the points allocation system for school admissions and the controversy surrounding the entitlement to points under the sibling criterion. The court emphasized that the sibling criterion applies only if the siblings are studying in the same school, and it cannot be expanded to cover siblings studying in two different schools, even if managed by the same society or management. The court's decision was influenced by the interpretation of the sibling criterion and the specific language used in the points allocation system.

Fact of the Case:

The petitioner, a minor child, sought mandamus for admission to a school based on points allocation criteria, including the sibling criterion.

Finding of the Court:

The court dismissed the writ petition, emphasizing that the sibling criterion applies only if the siblings are studying in the same school.

Issues: Entitlement to points under the sibling criterion for school admissions.

Ratio Decidendi: The sibling criterion applies only if the siblings are studying in the same school, and it cannot be expanded to cover siblings studying in two different schools, even if managed by the same society or management.

Final Decision: The writ petition was dismissed with no costs.

JUDGMENT :

C. Hari Shankar, J.

The petitioner, a minor child, has filed this writ petition, praying for issuance of a mandamus to the St. Marks Sr. Sec. School, Meera Bagh (Respondent No. 1 herein) to grant him admission in Class-I. The case of the petitioner is predicated on the premise that, on a proper application of the points allocated by the school, against various criteria, on the bases of which preferential admissions are determined, he would be entitled to 60 points, 35 points being available as he resides within 1 to 3 kilometres of school and 25 points under the “sibling” criterion. For ready reference, the allocation of points, for admission to the school, as set out in its brochure, may be reproduced thus:

“Parameters Points

“Parameters

Points

(i)

 

 

 

 

 

 

Distance

40

Area upto 1 km

40

Area between 1 to 3 km/ areas

where school transport is available

35

Areas between 3 to 5 km

30

Areas between 5 to 8 km

20

Area more than 8 km

10

(ii)

Sibling studying in the school

25

(iii)

 

Girl Child

25

Maximum

100”

(iv)

Alumni

10

2. The respondent does not dispute the entitlement, of the petitioner, to 35 points, by virtue of his residing within 1 to 3 kilometres from the school.

3. The controversy essentially revolves around the entitlement, of the petitioner, to 25 points which are allotted to cases in which the sibling of the aspiring student studies in the school. The petitioner seeks the benefit of this criterion on the ground that his sister, namely Prachi, is a student of St. Marks Girls. Sr. Sec. School. The submission of Ms. Rajeshwari, learned counsel arguing on behalf of the petitioner, is that, as both these schools are run by the same society/management the two siblings ought to be treated, for the purpose of allocation of points, as “the same school”.

4. To press home her argument, Ms. Rajeshwari has relied on various documents.

5. She has first drawn my attention to the publicity printout, of the “St. Mark's Sr. Sec. Public Schools”, which covers the St. Marks Sr. Sec. Public School, Meera Bagh, St. Marks Girls Sr. Sec. School, Meera Bagh (being the schools in which the petitioner seeks admission, and, in which his sister is studying, respectively) as well as the St. Mark's Sr. Sec. Public School, Janakpuri. The contention of Ms. Rajeshwari is that this document indicates that all the three schools, i.e. the St. Marks Sr. Sec. Public School, Meera Bagh, St. Marks Girls Sr. Sec. School, Meera Bagh and St. Marks Sr. Sec. Public School, Janakpuri, are functioning under the same society/management.

6. The second document, to which Ms. Rajeshwari refers, is again a printout of message from the Chairman of the St. Marks Girls Sr. Sec. School, Meera Bagh, as figuring on the website of the said school. The first paragraph of the said message reads thus:

“The school is run by St. Mark's Christian Educational Society. This Society runs St. Mark's Sr. Sec. Public School, Meera Bagh & St. Mark's Girls School, Meera Bagh too. The founder Chairman of the school Mr. T. P. Aggarwal has been working in the field of education since 1975. He has been awarded the Dr. Radhakrishnan Memorial National Teachers Award.”

7. Ms. Rajeshwari submits that it is clear, from this message, that the school in which the petitioner's sister is studying, and the school in which the petitioner aspires to obtain admission are run by the same society.

8. Ms. Rajeshwari next references to the well-known Anil Dev Singh, which determines the issue of fees which could be charged by public and private unaided schools.

9. Ms. Rajeshwari seeks to place reliance on the following passage, from the report:

“It is significant that the only two directors of the Pvt. Ltd. company in question are Sh. T.P. Aggarwal who is the Chairman of all the three













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