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C. HARI SHANKAR
Deepak Raj – Appellant
Versus
Principal Apeejay School – Respondent
ORDER (Oral)
C. HARI SHANKAR, J.
1. These are cases in which, as per the submissions advanced at the Bar today, allotment of admission to EWS students was granted on the basis of the number of seats worked out by the Directorate of Education (DoE), after conducting a computerized draw of lots.
2. Mr. Kamal Gupta, learned counsel for Respondent 1 School, submits that, prior to the conducting of the computerized draw of lots, the school had written to the DoE seeking a reduction in the number of seats which it would have to fill for that academic year. Admittedly, the said application was rejected by the DoE vide order dated 1 December 2022.
3. Mr. Gupta submits that said reduction is subject matter of a challenge before this Court in W.P.(C) 14287/2023, in which on 2 November 2023, while issuing notice on the writ petition, the DoE was restrained from taking any coercive action against the Respondent 1 School till the next date of hearing.
4. Prima facie, I am unable to see how this order has any bearing on the petitioners' right to admission to the school. I have already taken a view in para 59 of my decision in W.P. (C) 5194/2023, titled Anjali Pandey v. Govt. of NCT of Delhi & Anr., 2
The entitlement to the benefit of previous judgments is subject to the convincing argument and consideration of the circumstances, including the rejection of applications and the absence of stays of ....
Private unaided schools are obligated to admit children from the economically weaker section and disadvantaged group to the extent of at least 25% of the class strength, as per the provisions of the ....
The specific application, shortlisting, and allocation process by the Directorate of Education are essential for EWS student admissions, and without these, there is no enforceable right to seek admis....
The innocence of the children involved in admission disputes should be considered, and the court may allow completion of the current academic year without further promotion.
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 ground....
The main legal point established in the judgment is the obligation of private unaided schools under the Right to Education Act, 2009 to admit only 25% EWS candidates vis-à-vis the number of students ....
The main legal point established in the judgment is that once a school has been allotted by the Department of Education, the school is bound to grant admission to the petitioner under the Disadvantag....
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