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2023 Supreme(Del) 4714

MINI PUSHKARNA
Miss Aahana Through Father Atul Gupta – Appellant
Versus
Sanskriti School – Respondent


Advocates appeared:
Mr. Khagesh B. Jha and Ms. Shikha Sharma Bagga, Advocates, for the Petitioner.
Mr. Srijan Sinha, Ms. Parul Dhumey and Mr. Naveen Soni, Advocates, for the Respondent-1.
Ms. Hetu Arora Sethi, ASC-GNCTD with Mr. Arjun Basra, Advocates, for the Respondent-2/DOE.

JUDGMENT

Mini Pushkarna, J. The present writ petition has been filed with prayer for directions to the respondents to ensure the admission of petitioner in the respondent no.1 school. The present petition was filed in the year 2021 and at that point of time admission of the petitioner was sought in Class Nursery for session 2021-2022.

2. It is the case on behalf of the petitioner that the respondent school has failed to admit the petitioner despite the fact that she fulfils all the criteria for admission and also succeeded in the merit list after draw of lots. However, subsequently the candidature of the petitioner was rejected on the ground of distance from the house of the petitioner to the school, which as per the petitioner is arbitrary and illegal. The petitioner has further raised the contention regarding failure of the respondent no.2, Directorate of Education (DOE) to ensure transparency and accountability in the respondent school recognised by them, which has rejected the admission of the petitioner without any valid ground.

3. Facts in brief are that the respondent school issued notification for admission to Pre-school for the academic year 2021-2022, wherein 150 seats w

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