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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Master Divyansh Agrawal Minor – Appellant
Versus
Directorate of Education & Ors. – Respondents
W.P.(C) 5492 of 2023 & CM APPL. 21422 of 2023
Decided On : 01-06-2023
Admission Denial - Education - The court directed the school to grant admission to the petitioner in Class 6 and allowed the payment of annual charges in monthly installments, leading to the petitioner being granted admission.
Fact of the Case:
The petitioner sought admission in respondent No.2 school, which was denied solely due to the father's inability to pay the annual charges. The court directed the school to grant admission and allowed payment in monthly installments.
Finding of the Court:
The court found that the petitioner was unjustly denied admission based on the inability to pay annual charges and directed the school to grant admission and allow payment in installments.
Issues: Admission denial based on financial grounds, petitioner's right to education, and the legality of allowing payment in installments.
Ratio Decidendi: The court's decision was influenced by the petitioner's right to education and the unjust denial of admission based solely on financial grounds. Allowing payment in installments was considered a reasonable solution to address the financial constraint.
Final Decision: The court disposed of the writ petition as the petitioner had already been granted admission to the school.
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 directed by the order dated 12.05.2023 that the fees of the school shall be deposited on behalf of the petitioner in terms of the fees as charged by respondent No.2 school. As far as annual charges of Rs.10,200/- was concerned, it was directed that the same shall be paid by the petitioner in the monthly instalments at Rs.850/-.
5. Today, Mr. Piyo Harold Jaimon, ld. Counsel for petitioner submits that the petitioner child has already been granted admission to the respondent No.2 school.
6. In view of the aforesaid, no further orders are required to be passed in the present matter.
7. Accordingly, the present writ petition is disposed of along with pending application.
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