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MINI PUSHKARNA
Ayan Jorwal Through Father Dinesh Kumar Meena – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
The present writ petition has been filed with prayer for direction to consider the case of the petitioner child for admission to the respondent No. 3 School in Class-I by granting the benefit of marks under the criteria of sibling, without insisting on fee slip of the sibling of the petitioner as proof of studying in the school.
2. Facts in brief are that the respondent No. 3 School issued a notification for admission to entry level classes for academic session 2023-2024. The father of the petitioner herein applied for admission of the petitioner in Class I for academic session 2023-2024 in the ‘Open Seats’ Category. The petitioner's father submitted admission form online claiming total 70 points as per the criteria laid down by the School, i.e., 40 points for neighbourhood and 30 points for sibling, since the elder brother of the petitioner also studies in the respondent No. 3 School.
3. On 20.12.2022, petitioner's father received an email from School wherein it was stated that the application form of the petitioner has been rejected for the reason that latest tuition fee receipt in support of the ‘sibling criteria’ had not been attached. The email dated
Admission criteria must be reasonable, rational, and non-discriminatory, and schools have the autonomy to devise criteria but must adhere to principles of fairness and equity.
Private unaided schools possess the autonomy to determine admission criteria, and the explicit refusal of sibling points based on the definition of 'sibling' adheres to constitutional standards of fa....
The main legal point established in the judgment is the entitlement of siblings to points under the 'sibling category' for admission in a recognized private un-aided school, emphasizing the importanc....
Private unaided schools have the autonomy to devise fair, reasonable, and transparent admission criteria, including the method of calculating distance, and the courts will uphold such criteria if fou....
The principle of constructive res judicata and the limited responsibility of private un-aided schools for admission from the neighborhood under the RTE Act, 2009.
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