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2023 Supreme(Del) 1011

MINI PUSHKARNA
Deepak Kumar – Appellant
Versus
Principal Happy Hours School – Respondent


Advocates appeared:
Mr. N.K. Upadhyay, Mr. Devendra Kumar, Advocates, for the Petitioner.
Mr. Santosh Kumar Tripathi, SC (C) GNCTD with Mr. Tapesh Raghav, Mr. Utkarsh Singh, Mr. Praduman Rao, Mr. Kartik Sharma, Ms. Mehek Rankawat, Advocates, for the DOE.
Mr. Anuj Chaturvedi, Standing Counsel MCD with Mr. Sitaram Meena, DD, for the Respondent-3.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. In the present case, the petitioner is seeking admission to the respondent No.1 School under the Disadvantaged Group category (DG category). It is submitted that child of the petitioner, namely, Master Samarth Dabas is already studying in the said school in General category. It is submitted that since the petitioner belongs to Disadvantaged Group, i.e., Other Backward Class (OBC), therefore, the petitioner is seeking admission in the school under DG category instead of General category in which the child of the petitioner is already studying.

2. Mr. Santosh Kumar Tripathi, ld. Standing Counsel for GNCTD submits that there is no legal impediment if the child of the petitioner who belongs to OBC category, is given admission under the DG category, though he may be already studying in the said school under the General category.

3. There is no appearance on behalf of the school when the matter is taken up for hearing. It is seen from the record that no reply has been filed on behalf of the school. The said school is recognized by Municipal Corporation of Delhi (MCD).

4. Ld. Standing Counsel appearing on behalf of

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