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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Miss Avani Shukla Through Father Mr. Alok Shukla & Anr. – Appellants
Versus
Apeejay School Sheikh Sarai & Ors. – Respondents
W.P.(C) 7728 of 2022 & CM APPLs. 23645 of 2022, 1909 of 2023
Decided On : 03-07-2023
Admission - School Transfer - RTE Act, 2009, Societies Registration Act - The court discussed the application of the RTE Act, 2009, and the autonomy of private un-aided schools in matters of admission. It highlighted the limited responsibility of private un-aided schools for admission from the neighborhood under the RTE Act, and the principle of constructive res judicata in re-agitating the same issue.
Fact of the Case:
The father of the petitioners sought admission of his children to a school in Sheikh Sarai, based on their residence proximity and previous commitments made by the school management. The petitioners had previously filed a Civil Suit and an appeal, which were dismissed, and were now seeking admission under the General category.
Finding of the Court:
The court found that the petitioners were estopped from re-agitating the same facts before the court, as they had already exhausted their remedies through a Civil Suit and an appeal. The court held that the present writ petition was barred by the principle of constructive res judicata.
Issues: The issues involved the admission of the petitioners to a specific school branch, the application of the RTE Act, 2009, and the autonomy of private un-aided schools in admission matters.
Ratio Decidendi: The court applied the principle of constructive res judicata, highlighting that the petitioners were estopped from re-agitating the same facts before the court. It also emphasized the limited responsibility of private un-aided schools for admission from the neighborhood under the RTE Act, and the autonomy of private un-aided schools in admission matters.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioners' claims.
JUDGMENT
Mini Pushkarna, J. By way of the present writ petition, father of the petitioners is seeking admission of his children to respondent No.1 school situated in Sheikh Sarai, on the ground that the petitioners reside at Badarpur Saurabh Vihar and the school bus of respondent No.1 school situated at Sheikh Sarai, drops students at merely 100 meters of their residence.
2. Petitioner No.1 is studying in Class-6 in the current academic session 2023-2024 in Saket Branch of the school, i.e., respondent No.2. She is seeking transfer from respondent No.2 school, i.e., Saket Branch to respondent No.1 school, i.e., Sheikh Sarai Branch. Petitioner No.2, who is younger brother of petitioner No.1, is seeking admission in respondent No.1 school, i.e., Sheikh Sarai Branch in Class-2 in the current academic session 2023-2024. The present petition was filed in April 2022, seeking transfer of petitioner No.1 from Saket Branch to Sheikh Sarai Branch in Class-5 at that point of time. Similarly, admission of petitioner No.2 was sought in the Sheikh Sarai Branch of the school to Class-1 in the academic session 2022-2023.
3. As per the facts detailed in the petition, parents of petitioner No.1 planned her admission to the respondent No.1 school in Sheikh Sarai in November 2017 for admission in Class -1 in the academic year 2018-19. Since grandfather of petitioner No.1 was well known to respondent No.3, he approached respondent No.3. Subsequently, petitioner no. 1 took admission test in Sheikh Sarai School in January 2018 for seeking admission in Class-1 in the academic session 2018-19. As petitioner No.1 was not able to procure admission in Sheikh Sarai Branch of the school, father and grandfather of petitioner No.1 approached the respondent No.3 Management Committee in April 2018. Considering that admission process in the Sheikh Sarai Branch of the school was already completed, father and grandfather of petitioner No. 1 were advised to admit petitioner No.1 to the Saket Branch of the school in Class-1 for the session 2018-2019.
4. It is the case on behalf of petitioners that petitioner No.1 having no other option, accepted admission in the Saket Branch of the school, with the understanding that petitioner No.1 shall be transferred to the Sheikh Sarai Branch of the school as per the commitment of the Management Society of the school. It is submitted that Chairperson of the respondent No.3 Society had assured confirmed admission of petitioner No.2 in the Sheikh Sarai Branch of the school. Further, petitioner No.1 was also granted 50% fee concession.
5. Subsequently, father of petitioner No.1 approached the school management in the academic year 2019-2020 for seeking transfer of petitioner No.1 from Saket Branch of the school to Sheikh Sarai Branch of the school and further sought fresh admission of petitioner No.2 in the Sheikh Sarai Branch of the school, as committed by the Chairperson of the Management Committee. Both the petitioners applied for admission in academic year 2019-2020 in Sheikh Sarai Branch of the school, however, to no avail. Petitioner No.1 was also asked to pay full fees as against the 50% concession in fees granted earlier.
6. It is the case on behalf of petitioners that petitioner No.2 once again applied for admission in both the Branches of the school, i.e., Saket as well as Sheikh Sarai in the academic session 2020-2021, however, he was denied admission.
7. It is submitted that father of petitioners has been regularly approaching both the branches of the school for admission of both the petitioners in the Sheikh Sarai Branch, as per commitment of earlier Chairperson of the Management Committee of the school. However, father of the petitioners has been harassed, manhandled and ill-treated by the Head of the school of both the branches of the school.
8. It is submitted on behalf of the petitioners that they are seeking admission in the Sheikh Sarai Branch of the school, as it is easy to commute from their residence to
The right to education under the RTE Act does not guarantee admission to a specific school, and residency criteria based on wards must be clarified by the State.
Private unaided schools possess the autonomy to determine admission criteria, and the explicit refusal of sibling points based on the definition of 'sibling' adheres to constitutional standards of fa....
Admission criteria must be reasonable, rational, and non-discriminatory, and schools have the autonomy to devise criteria but must adhere to principles of fairness and equity.
The main legal point established in the judgment is the entitlement of siblings to points under the 'sibling category' for admission in a recognized private un-aided school, emphasizing the importanc....
The use of Kahcharie/Shamilat land for private schools is illegal, and amendments to education rules are prospective, requiring schools to operate on proprietary land.
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