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2024 Supreme(Del) 226
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Baby Namirah Ayat & Ors. - Appellants
Versus
Kulachi Hansraj Model School & Anr. - Respondents
W.P.(C) 13918 of 2023
Decided On : 09-02-2024
Important Points
The court's decision was influenced by the Right of Children to Free and Compulsory Education Act, 2009, and the agreement of the school to admit Petitioner 1 as an EWS student on humanitarian grounds.
Subject
Education Law - Admission and Enrollment
Headnote
Admission - EWS Student - The school is directed to admit Petitioner 1 as an EWS student on humanitarian grounds and continue to provide education to her in accordance with the Right of Children to Free and Compulsory Education Act, 2009.
Fact of the Case:
The school has agreed to admit Petitioner 1 as an EWS student on humanitarian grounds.
Finding of the Court:
The court directed the school to admit Petitioner 1 as an EWS student and continue to provide education to her in accordance with the Right of Children to Free and Compulsory Education Act, 2009.
Issues: Admission of Petitioner 1 as an EWS student, reduction in the number of EWS seats available with the school for the year 2024-2025.
Ratio Decidendi: The court's decision was based on the agreement of the school to admit Petitioner 1 as an EWS student on humanitarian grounds and the mandate of the Right of Children to Free and Compulsory Education Act, 2009.
Final Decision: The school is directed to admit Petitioner 1 as an EWS student and the DOE is directed to take a decision on the request of the school for reduction in the number of EWS seats available with it for the year 2024-2025.
Mr. Vivek Kumar Tandon and Ms. Prerna Tandon, Advocates, for the Petitioners.
Mr. Mr. Yogesh Kumar, Advocate, for the Respondent-1.
Ms. Nikita Vir, Mr. Utkarsh Singh and Ms. Prashansa Sharma, Advocates on behalf of Mr. Santosh Kumar Tripathi, SC (Civil), for the DOE.
ORDER (Oral)
1. This litigation has, with the cooperation of both the respondents, drawn to a happy close, for which the Court is genuinely grateful. Kulachi Hansraj Model School ("the School") has, vide letter dated 2 February 2024, addressed to the Deputy Director of Education, DOE, agreed to admit Petitioner 1 in its institution as an EWS student on humanitarian grounds.
2. As such, without entering into the legal issues involved in this matter, the school is directed to admit Petitioner 1 in its institution within a period of one week from today and to continue to provide education to her as an EWS student in accordance with the mandate of the Right of Children to Free and Compulsory Education Act, 2009.
3. The DOE is also directed to take a decision on the request of the school for reduction in the number of EWS seats available with it, as expeditiously as possible, for the year 2024-2025.
4. The writ petition is disposed of accordingly.
