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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Snehlata Devi (As Guardian of Mishti) - Appellant
Versus
Government of NCT of Delhi & Anr. - Respondents
W.P.(C) 4079 of 2024 & CM APPL. 16681 of 2024
Decided On : 18-03-2024
OBC - Preferential Admission - The court addressed the petitioner's claim to belong to the other backward classes (OBC) and seek preferential admission as a Disadvantaged Group (DG) category student. The petitioner's daughter was found entitled to admission, but the school did not grant her admission, leading to the court's intervention.
Fact of the Case:
The petitioner, claiming to belong to OBC, sought preferential admission for her daughter as a DG category student. The Directorate of Education found the petitioner's daughter entitled to admission, but the school did not grant her admission.
Finding of the Court:
The court disposed of the writ petition with a direction to the DoE to consider accommodating the petitioner's daughter in an appropriate school in Class I.
Issues: The issue revolved around the petitioner's claim for preferential admission for her daughter as a DG category student and the school's refusal to grant admission.
Ratio Decidendi: The court intervened to ensure that the petitioner's daughter could be accommodated in an appropriate school in Class I, considering her entitlement to admission as a DG category student.
Final Decision: The writ petition was disposed of with a direction to the DoE to consider accommodating the petitioner's daughter in an appropriate school in Class I.
ORDER (Oral)
C. HARI SHANKAR, J.
1. This writ petition has been filed by the petitioner, who claims to belong to other backward classes (OBC), and, therefore, seeks preferential admission as a Disadvantaged Group (DG) category student. She applied for admission as a DG category student to the Directorate of Education (DoE) which, consequent to a computerised draw of lots, found the petitioner's daughter entitled to be admitted to the KG/Pre-school class for the academic year 2022-23.
2. Allegedly because the school did not grant her admission, the petitioner has approached this Court.
3. However, after 2022-23, the 2023-24 academic session is also over.
4. Mr. Ishan Sanghi, therefore, submits, quite clearly, that he would be satisfied if this writ petition is disposed of with a direction to the DoE to consider whether the petitioner's daughter Mishti can be allotted an appropriate school in Class I.
5. Mr. Utkarsh Singh who appears for the DoE submits that the DoE would take all possible efforts to accommodate the petitioner's daughter in an appropriate school in Class I.
6. This writ petition is, therefore, disposed of in the aforesaid terms.
The court's intervention aimed to ensure the accommodation of the petitioner's daughter in an appropriate school, considering her entitlement to admission as a DG category student.
Economic standing not a criterion for admission under Disadvantaged Group category.
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....
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 main legal principle established is the obligation of the Directorate of Education to consider allotting schools for admission of children under the EWS/DG category in different classes based on ....
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 emphasized the importance of providing education to economically disadvantaged children and upheld the provisions of RTE Act, 2009 in allowing the petition and directing the petitioner chil....
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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