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2023 Supreme(Del) 4617

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Chetraneka Shri (minor) – Appellant
Versus
Ayan Jorwal (Minor) – Respondent


Advocates appeared:
Mr. Gautam Narayan, Ms. Asmita Singh, Mr. Harshit Goel and Ms. Akriti Arya, Advocates, for the Appellant in LPA 408/2023.
Mr. Sunil Gupta, Senior Advocate with Mr. Kamal Gupta, Mr. Sparsh Aggarwal and Ms. Paridhi Bist, Advocates, for the Respondents in LPA 408/2023.
Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD with Mr. Arun Panwar, Ms. Aakriti Mishra, Ms. Mahak Rankwat, Mr. Pradyumn Rao and Mr. Utkarsh Singh, Advocates for R-3/DoE in LPA 408/2023.
Mr. Sunil Gupta, Senior Advocate with Mr. Kamal Gupta, Mr. Sparsh Aggarwal and Ms. Paridhi Bist, Advocates, for the Appellant in LPA 409/2023.
Mr. Shivam Sharma and Mr. Balram, Advocates for R-1 in LPA 409/2023.
Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD with Mr. Arun Panwar, Ms. Aakriti Mishra, Ms. Mahak Rankwat, Mr. Pradyumn Rao and Mr. Utkarsh Singh, Advocates for R-3/DoE in LPA 409/2023.

JUDGMENT

CM APPLs. 22924-25/2023 (Exemption) in LPA 408/2023

CM APPL. 22929/2023 (Exemption) in LPA 409/2023

Allowed, subject to all just exceptions.

LPA 408/2023 & CM APPLs. 22922-23/2023

LPA 409/2023 & CM APPLs. 22927-28/2023

1. Both the LPAs have been filed challenging the Judgment dated 17.04.2023 passed by the learned Single Judge in W.P.(C) 348/2023 whereby the learned Single Judge has allowed the writ petition. With the consent of the Parties, both the LPAs are being taken up together for final disposal.

2. For the sake of convenience, the facts of LPA 409/2023 are being referred to which reads as under:

a) The Appellant/school is a recognised private un-aided school in Delhi. The Department of Education, GNCTD (DOE) issued a circular dated 21.11.2022 giving its schedule and guidelines for schools for admission in Entry Level Classes (below six years of age) for open seats other than EWS/DG/CWSN category seats in recognised private un-aided schools of Delhi for the academic year 2023-24.

b) The Appellant/school subsequently brought out a notification dated 28.11.2022 giving the schedule and the guidelines for admission in Entry Level Classes for the academic year 2023-24. The rel

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