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 importance of clear, well-defined, equitable, and non-discriminatory admission criteria as outlined in the Delhi School Education Act and the relevant order.

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 relevant portion of the said notification issued by the Appellant/school which is necessary for adjudication reads as under:

"Criteria for admission:

1. Neighborhood (40 Points)

List of localities with points is attached.

Required valid Documents (Proof of Residence- any one):

i) Ration Card/ Smart Card issued in the name of parents (Mother/Father having name of the child).

ii) Domicile certificate of child or of his/her parents.

iii) Voter I-Card (EPIC) of any of the parents.

iv) Electricity bill/ MTNL Telephone bill/ Water bill/ Passport in the name of any of the parents or child.

v) Aadhaar card/ UID card issued in the name of any of the parents.

2. Girl Child (10 Points): Select GIRL as gender. No documents required.

3. Sibling {30 Points}

The points will be awarded to the applicant only if his/her own brother/sister is studying in The Mother's International School."

c) The father of Respondent No.1 (writ petitioner) applied for admission of Respondent No.1 in Class-I of the Appellant/School for academic session 2023-2024, under the `Open Seat' Category. The Respondent No.1's father submitted the admission form online claiming total 70 points as per the criteria laid down by the School, i.e., 40 points under neighbourhood category and 30 points under sibling category, since the elder brother of the Respondent No.1 herein also studies in the Appellant/school.

d) On 20.12.2022, Respondent No.1's father received an email from the School, wherein it was stated that the application form of the Respondent No.1 has been rejected for the reason that latest tuition fee receipt in support of the `sibling criteria' had not been attached with the application form.

e) Pursuant to the receipt of the aforesaid email, father of the Respondent No.1 wrote emails dated 21.12.2022 & 22.12.2022 to the School stating that his elder son is a student of the School, who had been admitted under the Disadvantaged Group (DG) Quota and, therefore, he did not have the tuition fee receipt.

f) On 06.01.2023, the Appellant/School uploaded its list of all the applicants, along with points obtained by them wherein the Respondent No.1 was not granted the points under the 'sibling category'.

g) Thereafter, a letter dated 11.01.2023 was issued by the Appellant/School to the parent of Respondent No.1 stating that Respondent No.1 has got 40 points and his name will be included in the draw of lots for filling the seats in the 'open category'. It was informed that against the 13 open seats for general category, 288 children have registered their names for admission in Class-I and out of 13 seats, 11 children have got 50 or more points and as per the admission criteria, have been selected for admission (subject to verification of documents), 38 candidates have got 40 points, including the Respondent No.1 a