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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Tarun Meena – Appellant
Versus
Directorate of Education, Delhi & Ors. – Respondents
W.P.(C) 4916 of 2023
Decided On : 24-05-2023
School Admission - EWS/DG Category - Court directs petitioner to take admission in newly allotted school and orders the school to cooperate and grant admission under EWS/DG category
Fact of the Case:
The petitioner has been allotted a new school under the EWS/DG category and is directed to take admission within 7 days
Finding of the Court:
The court orders the petitioner to approach the newly allotted school and take admission, and directs the school to cooperate and grant admission under the EWS/DG category
Issues:
Ratio Decidendi: The court's decision is based on the fact that the petitioner has been allotted a new school and is directed to take admission within a specified period
Final Decision: The present writ petition is disposed of as being satisfied
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. Ld. Counsel for Directorate of Education (DOE) submits that the petitioner has been allotted new school viz. M.R. Vivekananda Model School, WZ-79C, Mukhram Park Extn, Tilak Nagar, New Delhi - 110018.
2. Ld. Counsel for DOE has also handed over the copy of the registration form as filed on behalf of the petitioner child. The school in question which has now been allotted to the petitioner was the second choice that was filled on behalf of the petitioner.
3. Since new school has been allotted to the petitioner child, it is directed that the petitioner shall forthwith approach the said school and take admission in the said school within a period of 7 days from today.
4. The newly allotted school, i.e., M.R. Vivekananda Model School, WZ-79C, Mukhram Park Extn, Tilak Nagar, New Delhi - 110018 is directed to cooperate with the petitioner and grant admission to the petitioner forthwith under the Economically Weaker Section (EWS)/Disadvantaged Group (DG) category.
5. In view of the aforesaid, the present writ petition is disposed of as being satisfied.
6. Order Dasti under the signatures of Court Master.
Court's authority to direct admission in a newly allotted school under the EWS/DG category
The court's decision was influenced by the acceptance of the petitioner's admission under the EWS/DG category by the respondent-school.
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 ....
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 court emphasized the importance of providing education to economically disadvantaged children and upheld the provisions of RTE Act, 2009 in allowing the petition and directing the petitioner chil....
The main legal point established in the judgment is that once a school has been allotted by the Department of Education, the school is bound to grant admission to the petitioner under the Disadvantag....
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 ....
Economic standing not a criterion for admission under Disadvantaged Group category.
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