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2024 Supreme(Del) 654

C. HARI SHANKAR
Jiya Through Her Next Friend And Natural Mother Ms. Sushma – Appellant
Versus
Maharaja Agrasen Model School – Respondent


Advocates appeared:
Mr. Khagesh B. Jha, Mr. Manoj Kumar, and Mr. Kumar Utkarsh, Advocate, for the Petitioner.
Mr. Pramod Gupta, Advocate with Ms. Nicole Gomez, Advocate and Ms. Adyanshi Kashyap, Advocate, for the Respondent-1.
Mr. Utkarsh Singh and Ms. Prasansha Sharma for Mr. Santosh Kumar Tripathi, SC (Civil) for DoE.

JUDGMENT

1. Jiya was born on 17 August 2016. She is presently a little over 7 1/2 years of age.

2. Jiya belongs to the Economically Weaker Section (EWS) of society. On her behalf, her mother applied to the Directorate of Education (DoE) for securing Jiya admission under the EWS category in Class I for the academic session 2022-23. A computerized draw of lots was conducted by the DoE, following which Jiya was shortlisted for admission to Class I in the Maharaja Agrasen Model School (Respondent 2, hereinafter) for the academic session 2022-23.

3. Despite her mother visiting the school on several occasions, the Respondent 2 school refused to admit Jiya. Jiya's mother accordingly addressed representations to the DoE on 24 June 2022, 18 July 2022, 7 January 2023 and 27 March 2023 seeking the intervention of the DoE to secure admission for Jiya in the Respondent 2 school but to no avail.

4. Jiya has, therefore, instituted the present writ petition through her mother before this court. The petition was filed on or around 11 April 2023. Jiya seeks issuance of a writ of mandamus directing the Respondent 2 school to grant admission to her as an EWS student in Class II for the academic session 20













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