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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Shri M. Vinendran & Anr. – Appellants
Versus
Govt. of NCT of Delhi & Ors. – Respondents
W.P.(C) 17185 of 2022 & CM APPL. 54629 of 2022
Decided On : 22-05-2023
Exemption - Filing of True Typed Copies - Writ Petition
Fact of the Case:
The petitioner filed a writ petition seeking directions to a school to provide science stream-Medical in Class XI, but the petition became infructuous as the academic session was already over and the petitioner had not attended any classes.
Finding of the Court:
The court found that the petitioner had not attended any classes in the school and the academic session for the year 2022-2023 was already over, rendering the petition infructuous.
Issues: The issue was whether the petitioner's writ petition seeking directions to the school for a change in stream in Class XI was maintainable when the academic session was already over and the petitioner had not attended any classes.
Ratio Decidendi: The court held that since the petitioner had not attended any classes in the school and the academic session for the year 2022-2023 was already over, the writ petition had become infructuous.
Final Decision: The court dismissed the writ petition as infructuous.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 54629/2022 (Application on behalf of the petitioner under Section 151 CPC for exemption from filing true typed copies or certified copies of the annexures)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 17185/2022
3. Reply is stated to have been filed on behalf of the respondents. However, the same is not on record.
4. None appears for the petitioners when the matter is called out.
5. Perusal of the prayer clause shows that the present petition has been filed with prayer for directions to the respondent no. 3 school for giving science stream-Medical in Class XI to the petitioner. The present writ petition was filed on 12.12.2022 for the last academic session i.e. 2022-2023 when the student in question was in Class XI and had been admitted to Humanities stream.
6. Learned counsel appearing for respondent no. 3 school submits that the petitioner did not attend the classes of Class XI in the school. He further submits that the session of Class XI for the year 2022-2023 is already over and that new session has already commenced for the academic session 2023-2024 from April 2023 onwards. He further submits that the petitioner neither attended the classes nor paid any fees. Thus, he submits that the petitioner has not been promoted to Class XII.
7. It is clear that the petitioner student has not attended the classes in the respondent no. 3 school, because she did not get the subjects of her choice. Since, the academic session of Class XI of the year 2022-2023 is already over and the petitioner has not attended any class of standard XI, the present petition has clearly become infructuous.
8. 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 ....
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.
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 ....
Unjust denial of admission based on financial grounds and the right to education. Reasonable accommodation for payment of fees in installments.
The rules of the CBSE do not allow for re-examination of the final exam of Class XI, and academic performance is a significant factor in decisions regarding detention and re-examination.
Court's authority to direct admission in a newly allotted school under the EWS/DG category
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