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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Kareena Bhel (minor) Through Her Next Friend And Natural Father Sh. Sanjiv Kumar – Appellant
Versus
Pp International School – Respondent
W.P. (C) 12644 of 2019
Decided On : 24-05-2023
Dismissal - Petitioner's Attendance - Dismissal of Writ Petition as Infructuous
Fact of the Case:
The petitioner filed a writ petition seeking direction to the school to allow her to attend classes, but she had not attended school for the last three years and her name had been struck off from the school's rolls.
Finding of the Court:
The court dismissed the writ petition as infructuous, considering that the petitioner had not attended school for the last three years and the petition was filed when she was in Grade IX, whereas she would have now passed Grade XII.
Issues: Petitioner's non-attendance at school, Dismissal of writ petition as infructuous
Ratio Decidendi: The court found that the petitioner's non-attendance at school for the last three years rendered the petition infructuous, and her prayer to attend classes was no longer relevant.
Final Decision: The court dismissed the writ petition as infructuous due to the petitioner's prolonged non-attendance at school.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. None appears for the petitioner when the matter is called out.
2. The present writ petition had been filed with prayer for directing the respondent school to allow the petitioner to attend the classes in the school.
3. The present writ petition was filed in the year 2019, when the petitioner was studying in Grade-IX.
4. Learned counsel appearing on behalf of the respondent school submits that the petitioner has not been attending classes for the last three years in the school and that her name has been struck off from the rolls of the school.
5. As seen from the facts on record, the present writ petition was filed when the petitioner was in Class IX and the prayer was made for allowing the petitioner to attend the classes. The petitioner would have now passed Class XII in the current Academic Session 2022-2023. Even otherwise, learned counsel for the respondents submits that the petitioner has not attended the school since the last three years and that her again has been struck off.
6. In view of the aforesaid, the present writ petition is dismissed as infructuous.
The main legal point established in the judgment is that a writ petition seeking directions to a school for a change in stream in Class XI becomes infructuous if the academic session is already over ....
The court's decision was influenced by the fact that the petitioner's ward had already been granted admission by the school.
The court's decision was influenced by the acceptance of the petitioner's admission under the EWS/DG category by the respondent-school.
The court upheld the right of the petitioner child to continue education in the school where admission was granted, considering the peculiar facts and circumstances of the case and previous relevant ....
Court's authority to direct admission in a newly allotted school under the EWS/DG category
Unjust denial of admission based on financial grounds and the right to education. Reasonable accommodation for payment of fees in installments.
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 ....
Finality of orders and implementation of Settlement Agreements
Admission in educational institutions cannot be denied based on past gaps due to legitimate medical conditions; students should be allowed to seek admission for future academic sessions.
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