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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Master Prashant & Anr. - Appellants
Versus
New St. Michael Academy & Anr. - Respondents
W.P.(C) 3013 of 2024 and CM APPL. 12435 of 2024
Decided On : 07-03-2024
EWS Entitlements - Education - The court disposed of the writ petition after the respondent school agreed to provide all entitlements available to EWS students for the next academic session in accordance with the RTE Act and Circulars issued by the DoE.
Fact of the Case:
The petition sought a direction for the respondent school to provide all EWS entitlements to the petitioners. The respondent school disputed the remaining entitlements, but agreed to provide all entitlements for the next academic session.
Finding of the Court:
The court disposed of the writ petition as the respondent school agreed to provide all entitlements for the next academic session.
Issues:
Ratio Decidendi: The court's decision was influenced by the agreement of the respondent school to provide all entitlements available to EWS students for the next academic session in accordance with the RTE Act and Circulars issued by the DoE.
Final Decision: The writ petition was disposed of, and the application was also disposed of.
ORDER (Oral)
C. HARI SHANKAR, J.
W.P.(C) 3013/2024
1. The prayer in this writ petition was only for a direction to Respondent 1 school to provide all EWS entitlements to the petitioners.
2. Mr. Tandon, learned Counsel for the petitioners on instructions of his clients submits that substantial EWS entitlements stand provided to his clients, though there are still some entitlements which remain. Mr. Anil Singh, learned Counsel for the Respondent 1 school disputes the fact that there are any entitlements remaining to be granted and submits that all EWS entitlements have been provided to the petitioners.
3. Nonetheless, Mr. Anil Singh submits that, as the present academic session is coming to an end, for the next academic session, the petitioners shall be provided all entitlements available to EWS students in accordance with the RTE Act and the Circulars issued by the DoE from time to time.
4. In that view of the matter, Mr. Tandon does not press this writ petition any further. The petition stands disposed of accordingly.
CM APPL. 12435/2024
5. The application does not survive for consideration and stands disposed of.
The court's decision was based on the respondent school's agreement to provide all entitlements available to EWS students for the next academic session in accordance with the RTE Act and Circulars is....
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 court granted the petitioner liberty to take appropriate remedies apropos the deductions effected by the DoE in the claimed amounts.
The court's decision was influenced by the acceptance of the petitioner's admission under the EWS/DG category by the respondent-school.
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....
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