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MINI PUSHKARNA
Master Divyansh Agrawal Minor – Appellant
Versus
Directorate of Education – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral):
1. The present writ petition has been filed with the grievance that the petitioner has not been granted admission in the respondent No.2 school. The petitioner had completed his education till Class - 5 from respondent No.3 school. Thus, the petitioner sought admission under the respondent No.2 school, which is under the aegis of the same body, i.e., Vidya Bharti Akhil Bhartiya Shiksha Sansthan.
2. The main grievance of the petitioner was that the admission had been denied to the petitioner solely on the ground that the father of the petitioner was unable to pay the annual charges as levied by respondent No.2 school.
3. On the last date of hearing on 12.05.2023, this Court had recorded the undertaking of the father of the petitioner that he was ready to pay the annual charges of the respondent No.2 school, though in instalments on monthly basis, instead of payment as lumpsum amount at one time.
4. Considering the aforesaid submissions on behalf of the father of the petitioner, this Court had directed the respondent No.2 school to grant admission to the petitioner in Class 6 forthwith. It had further been direct
Unjust denial of admission based on financial grounds and the right to education. Reasonable accommodation for payment of fees in installments.
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 ....
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 ....
The court emphasized the importance of clearing arrears of school fees for student registration and considered exceptional circumstances for seeking condonation of shortage of attendance.
Court's authority to direct admission in a newly allotted school under the EWS/DG category
The court upheld the school's right to increase fees and directed the students to pay the full fees within a time-bound manner.
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.
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