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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Jindal Public School - Appellant
Versus
Govt. of NCT of Delhi & Anr. - Respondents
W.P.(C) 10328 of 2023
Decided On : 20-03-2024
reimbursement - elementary education for students of Economically Weaker Section (EWS)/Disadvantaged Group (DG) categories - The court disposed of the writ petition with liberty to take appropriate remedies apropos the deductions effected by the DoE in the claimed amounts.
Fact of the Case:
The petitioner received reimbursement from the DoE for providing elementary education for students of EWS/DG categories for the academic year 2022-2023, with some deductions.
Finding of the Court:
The court disposed of the writ petition with liberty to take appropriate remedies apropos the deductions effected by the DoE in the claimed amounts.
Issues:
Ratio Decidendi:
Final Decision: The writ petition is disposed of with liberty to take appropriate remedies apropos the deductions effected by the DoE in the claimed amounts.
ORDER (Oral)
C. HARI SHANKAR, J.
W.P.(C) 10328/2023
1. Mr. Sudeep Sudan, learned Counsel for the petitioner submits that the petitioner has, yesterday, received from the DoE, reimbursement towards providing elementary education for students of Economically Weaker Section (EWS)/Disadvantaged Group (DG) categories, for the academic year 2022-2023, albeit with some deductions. He, therefore, seeks leave to withdraw this writ petition.
2. Reserving liberty to take appropriate remedies apropos the deductions may be effected by the DoE in the said amounts claimed by the petitioner.
3. Reserving liberty as aforesaid, this writ petition is disposed of.
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 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....
Recovery of salary or pensionary benefits based on retrospective application of administrative orders, in the absence of statutory amendment to financial regulations, is legally unsustainable.
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