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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Ms. Yashtee (minor) & Anr. – Appellants
Versus
Govt. of NCT of Delhi – Respondent
W.P.(C) 4147 of 2023 & CM Appls. 16036 of 2023 & 16037 of 2023
Decided On : 10-04-2023
Section 151 CPC - Application for stay - EWS Category Admission
Fact of the Case:
The petitioners sought directions for admission to class 5th under the EWS category, alleging non-consideration of their representations by the respondent despite court orders.
Finding of the Court:
The court directed the respondent to consider and dispose of the petitioners' representations within a time-bound period of two weeks, with liberty for the petitioners to seek remedies as per law if aggrieved by the decision.
Issues: Non-consideration of representations under the EWS/DG category despite court orders.
Ratio Decidendi: The court emphasized the importance of complying with its orders and directed the respondent to consider the petitioners' representations within a specified time frame.
Final Decision: The writ petition was disposed of with directions to the respondent to consider and dispose of the petitioners' representations within a time-bound period, with liberty for the petitioners to seek remedies as per law if aggrieved.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 16037/2023 (Application under Section 151 CPC on behalf of petitioner seeking exemption from filing certified copies of documents and 4 cm margined copies of documents as well as exemption from filing fair typed copies of dim annexures, hand written documents and single line typed annexures)
1. Application is allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 4147/2023 & CM APPLs. 16036/2023 (Application for stay under Section 151 CPC on behalf of petitioner)
3. The present writ petition has been filed with prayer for directions to the respondent to consider the case of the petitioner in EWS category for admission to class 5th in any school recognised by the respondent for Academic year 2023-2024.
4. It is submitted that petitioners are students of Class IV studying in Bhatnagar International School, New Delhi. It is submitted that the petitioners belong to the Scheduled Castes (Disadvantage Group) and hence are entitled to be considered under Economically Weaker Section (EWS)/Disadvantage Group (DG) category.
5. It is submitted that petitioners had earlier preferred writ petition being W.P.(C) No.13147/2019 before this Court, which came to be disposed of vide order dated 24.02.2022. By way of the said judgment dated 24.02.2022, this Court had directed the petitioners herein to make representation to the respondent with further directions that upon receipt of the representation of the petitioners, the respondent would consider the request and dispose of the representation.
6. Subsequently, a review petition was preferred by the petitioners, which came to be disposed of vide order dated 25.04.2022. By way of order dated 25.04.2022, this Court had again reiterated its earlier directions that the petitioners were at liberty to make representation to the respondent, who was directed to consider the same accordingly.
7. It is the case of the petitioners that they have made representations dated 25.02.2022, 18.07.2022, followed by request under the RTI Act, 2005 dated 02.09.2022. It is submitted that despite the aforesaid, no response has been received from the respondent.
8. Issue notice.
9. Notice is accepted by learned counsel appearing for the respondent.
10. I have heard learned counsels for the parties and with the consent of the parties, the matter is taken up for final hearing.
11. The only contention raised on behalf of the petitioners is that despite categorical orders passed by this Court vide order dated 24.02.2022 and 25.04.2022, the representations made on behalf of the petitioners for admission under the EWS/DG category have not been considered by the respondent.
12. In view thereof, the present writ petition is disposed of with directions to the respondent to consider and dispose of the representation of the petitioners within time bound period, within a period of two weeks from today.
13. In case, the petitioners are aggrieved by any decision made by the respondent, the petitioners are at liberty to seek their remedies as are available as per law.
14. With the aforesaid directions, the present writ petition is disposed of.
The court's decision was influenced by the acceptance of the petitioner's admission under the EWS/DG category by the respondent-school.
Private unaided schools are obligated to admit children from the economically weaker section and disadvantaged group to the extent of at least 25% of the class strength, as per the provisions of the ....
The main legal principle established is the obligation of the Directorate of Education to consider allotting schools for admission of children under the EWS/DG category in different classes based on ....
Court's authority to direct admission in a newly allotted school under the EWS/DG category
In cases of admission under the EWS/DG category, schools may not insist upon following the neighbourhood criteria strictly due to the high demand for admission under this category.
The court upheld the entitlements and facilities available to EWS students, including uniform, textbooks, etc., as part of the regular admission of EWS candidates.
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