JUDGMENT :

[Mini Pushkarna, J.] :

1. The present writ petition has been filed with grievance that name of the petitioner child has been struck off from the school due to non-payment of fees and despite the fact that the petitioner is a student of Class 10th. The petition has been listed upon urgent mentioning since the Class 10th Board Examination (Practical Exams) are scheduled from tomorrow i.e. 18.01.2023, which constitute substantial part of the upcoming final Class 10th Board Examination. Thus, the present petition has been filed with prayer for direction to the respondent No. 1 school to reinstate the petitioner as a student on its rolls and allow the petitioner child to sit in the upcoming CBSE Board Exams for Class 10th.

2. It is the case on behalf of the petitioner that the petitioner has been studying in the respondent No. 1 school since the Academic Year 2011-12. The petitioner has made all the past payments of the school fees in a time bound manner till before the onset of Covid – 19. Thus, the fees till January, 2021 has been cleared by the petitioner.

3. It is the case of the petitioner that due to the financial losses faced by his father, he was unable to clear the fees regularly after the pandemic lockdown. In view thereof, the respondent No. 1 school issued letter dated 29.08.2022 to the petitioner in regard to the pending fee amount of the petitioner along with recommendation of striking off the name of the petitioner from the rolls of the school. Further, the respondent No. 1 school also sent an e-mail dated 30.08.2022, wherein it again recommended striking off the name of the petitioner.

4. On receipt of the aforesaid e-mails, the petitioner’s father approached the Directorate of Education (in short ‘DOE’) and made a representation dated 05.09.2022. He prayed to the DOE for direction to the school to allow the petitioner to attend his classes and not strike off the name of the petitioner from the roll of the school.

5. However, the respondent No. 1 school by letter dated 07.09.2022 informed the father of the petitioner that name of the petitioner had been struck off from the rolls of the school. Thus, the father of the petitioner again approached the respondent No. 2 – DOE. Subsequently, the respondent No. 2- DOE issued a letter dated 12.09.2022 to the respondent No. 1 school requesting the school to roll back the names of all students whose names had been struck off from the rolls of the school due to delay/ non-payment of fees. The school was further requested to allow the students to continue their studies/ examination in the school.

6. Father of the petitioner also made a complaint to the Delhi Commission for Protection of Child Rights (in short ‘DCPCR’). In response to the complaint, the DCPCR took cognizance of the matter and issued interim directions keeping in view the urgency of the situation. The DCPCR by its order dated 13.09.2022 directed that the school shall not bar any student from appearing in ongoing half-yearly exams, pending inquiry by the commission.

7. Subsequently, the respondent No. 1 school vide e-mails dated 14.09.2022 and 16.09.2022 permitted the petitioner herein to appear for the half yearly examinations and also allowed the petitioner to attend the classes.

8. Subsequently, however the name of the petitioner was again struck off by the school, which was informed to the petitioner vide e-mail dated 19.11.2022. It is submitted that after receipt of the aforesaid e-mail, the father of the petitioner made numerous attempts to request the school authorities to allow the petitioner to attend the classes. However, the respondent No. 1 school did not allow the petitioner to either attend the school, nor is now allowing the petitioner to take the Class 10th Practical Board Examination commencing from tomorrow i.e. 18.01.2023.

9. Ms. Mehak Nakra, ASC(Civil) GNCTD appearing on advance notice submitted that the DOE has already written a letter dated 12.09.2022 to the school directing the res