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MINI PUSHKARNA
M. Vinendran – Appellant
Versus
Govt. of NCT of Delhi – Respondent
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 20
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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