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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 10th November, 2022 Pronounced on: 16th December, 2022 + W.P.(C) 1092/2021 & CM APPL. 3056/2021 RAMESHWAR JHA ..... Petitioner Through: Mr. Devendra Kumar, Mr. Sunil K. Jha, Ms. Priti and Mr. N. K.
Upadhyay, Advocates versus THE PRINCIPAL RICHMOND GLOBAL SCHOOL & ORS.
..... Respondents Through: Ms. Akanksha Kaul, Ms. Apoorva Pandey and Mr. G. G. Kashyap, Advocates for R-1 Mr. Rishikesh Kumar, ASC, GNCTD with Mr. Muhammad Zaid and Mr. Aditya Raj, Advocates for GNCTD Mr. Zahid Hanief, Advocate for R-
3 + W.P.(C) 10649/2021 & CM APPL. 32835/2021 SAMRAT ..... Petitioner Through: Appearance not given versus GNCT OF DELHI AND ORS ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr.
Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 10731/2021 & CM APPL. 33142/2021 ISHAAN THROUGH NATURAL GUARDIAN/FATHER ..... Petitioner Through: Appearance not given versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 14408/2021 & CM APPL. 45384/2021 YOGESH ..... Petitioner Through: Mr. Devendra Kumar, Mr. Sunil K. Jha, Ms. Priti and Mr. N. K.
Upadhyay, Advocates versus THE PRINCIPAL DE INDIAN PUBLIC SCHHOL & ANR.
..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 11297/2022 & CM APPL. 33201/2022 VINOD KUMAR ..... Petitioner Through: Mr. Devendra Kumar, Mr. Sunil K. Jha, Ms. Priti and Mr. N. K.
Upadhyay, Advocates versus THE PRINCIPAL R D RAJPAL PUBLIC SCHOOL & ANR.
..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Kamal Gupta, Mr. Sparash Aggarwal and Ms. Paridhi, Advocates + W.P.(C) 11643/2022 & CM APPL. 34522/2022 VIKAS ..... Petitioner Through: Mr. Devendra Kumar, Mr. Sunil K. Jha, Ms. Priti and Mr. N. K.
Upadhyay, Advocates versus THE PRINCIPAL DE INDIAN PUBLIC SCHOOL & ANR.
..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 13677/2022 MANTA SINGH & ORS. ..... Petitioners Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 13708/2022 ASHOK ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. R. K. Sharma and Mr. Abhishek Mudgal, Advocates for R-2 + W.P.(C) 13908/2022 NEERAJ MAHENDRA ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 13976/2022 PREM CHAND ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 13998/2022 VICKY ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 13999/2022 ARUN KUMAR SHARMA ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14003/2022 AMIT KUMAR JHA ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14021/2022 SUMAN KUMARI JATAV ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Randhir Kumar, Advocate for R-2 + W.P.(C) 14119/2022 SANTOSH DEVI ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14181/2022 SUMAN KUMARI JATAV ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14188/2022 POOJA DEVI ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Pramod Gupta, Ms. Vidisha Jain, Ms. Utkarsha Srivastava and Ms. Poonam Meena, Advocates for R-2 + W.P.(C) 14229/2022 SHABNAM ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14242/2022 LEKHA KUMARI ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14243/2022 SHAKILA KHATUN ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Namit Suri and Mr. Rameezuddin Raja, Advocate for R-2 + W.P.(C) 14260/2022 KAPIL KUMAR ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14288/2022 PAWAN KUMAR ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14289/2022 RITU KASHYAP ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14305/2022 VINAY YADAV ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Kamal Gupta, Mr. Sparsh Aggarwal and Ms. Paridhi, Advocates for R- 2 + W.P.(C) 14332/2022 RAJNI KHURANA ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14412/2022 JYOTI ..... Petitioner Through: Mr. Vivek Kumar Tandon, Advocate along with petitioner in person versus GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14449/2022 VIJAY KUMAR ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14456/2022 SHALU ..... Petitioner Through: Mr. Vivek Kumar Tandon, Advocate along with petitioner in person versus GOVERNMENT OF NCT OF DELHI ..... Respondent Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14457/2022 HARBANSH KUMAR ..... Petitioner Through: Mr. Vivek Kumar Tandon, Advocate along with petitioner in person versus GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Shobha Rani, Advocate for R-
2 + W.P.(C) 14463/2022 SHARDA KHER (AS GUARDIAN OF KUNIKA KHER)
..... Petitioner Through: Mr. Ishan Sanghi, Ms. Sagrika Wadhwa and Mr. Arish Chaudhary, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Dr. Sudershan Kumar, Advocate for R-2 + W.P.(C) 14483/2022 SONU ..... Petitioner Through: Mr. Aayush Agarwala, Mr.
Siddham Nahata and Ms. Bhumika Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 14514/2022 AJIT SINGH ..... Petitioner Through: Mr. Ishan Sanghi, Ms. Sagrika Wadhwa and Mr. Arish Chaudhary, Advocates versus GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Dr. Sudershan Kumar, Advocate for R-2 + W.P.(C) 14541/2022 & CM APPL. 44475/2022 MASTER RIDHYANSH ..... Petitioner Through: Mr. Chirag Madan, Mr. Shivender Sharma and Ms. Ravleen Sabharwal, Advocates versus MAXFORT SCHOOL & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr.
Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 14546/2022 AMBAR DABAS ..... Petitioner Through: Dr. Amit George, Mr. Amol Acharya, Mr. Rayadurgam Bharat, Mr. Arkaneil Bhaumik, Mr. P. Harold Jaimon, Advocates (DHCLSC)
versus DIRECTORATE OF EDUCATION & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Ms. Smati Surbhi and Mr. Mohd.
Shahid, Advocates for R-2 + W.P.(C) 14671/2022 & CM APPL. 44959/2022 MASTER PARTH BHALLA THROUGH NATURAL GUARDIAN/MOTHER PREETI ..... Petitioner Through: Appearance not given versus VIDYA JAIN PUBLIC SCHOOL & ANR. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 14780/2022 & CM APPL. 45422/2022 YASHIKA ..... Petitioner Through: Mr. Pankaj Sinha, Mr. Kailash Kr.
Jha and Mr. Shriesh Sharma, Advocates versus D A V PUBLIC SCHOOL AND ANR ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 14844/2022 & CM APPL. 45656/2022 DIVYANSH ..... Petitioner Through: Mr. Pankaj Sinha, Mr. Kailash Kr.
Jha and Mr. Shriesh Sharma, Advocates versus LITTLE FAIRY PUBLIC SCHOOL & ANR. ..... Respondents Through: Mr. Jyotinder Kumar, Mr. Vyom Shandilya and Ms. Palak Khurana, Advocates for R-1 Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 15199/2022 SONU KUMAR ..... Petitioner Through: Mr. Ishan Sanghi, Ms. Sagrika Wadhwa and Mr. Arish Chaudhary, Advocates versus GOVERNMENT OF NCT OF DELHI AND ANR..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE + W.P.(C) 15330/2022 MASTER LOVE ..... Petitioner Through: Ms. Radha Mohan Sharma, Mr.
Jiwan Ram and Mr. Rahul Kumar, Advocates versus THE STATE & ORS. ..... Respondents Through: Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Arun Panwar, Mr. Pradeep and Ms. Mahak Rankawat, Advocates for DOE Mr. Pramod Gupta, Ms. Vidisha Jain, Ms. Utkarsha Srivastava and Ms. Poonam Meena, Advocates for R-3 CORAM:
HON’BLE MR. JUSTICE CHANDRA DHARI SINGH
J U D G M E N T
CHANDRA DHARI SINGH, J.
“अन्नदानं परं दानं विद्यादानं अतः परम्।
1. The aforequoted subhasitam clearly lays down the merits of imparting education. It is stated that charity by way of giving food to a person is a great deed, but giving vidyā (education) is even better, since the satisfaction (obtained) from consuming food is momentary, but that (obtained) from vidyā lasts a lifetime. This probably could be translated, not precisely yet contextually, to the saying 'Give a man a fish, you feed him once. Teach him to fish and you feed him for life'. Thus, the charity of imparting education is the greatest of all charities. Imparting education is a charitable cause and a calling that cannot be allowed to be metamorphosed into a platform for profiteering.
2. Mahatma Gandhi in his thoughts on Nai Talim (New Education) expressed that the basic education should be free and compulsory for all persons between the ages of seven to fourteen irrespective of their economic backgrounds. His thoughts are reproduced hereunder:
“I am a firm believer in the principle of free and compulsory primary education for India. I also hold that we shall realize this only by teaching the children a useful vocation and utilizing it as a means for cultivating their mental, physical and spiritual faculties. Let no one consider these economic calculations in connection with education as sordid, or out of place. There is nothing essentially sordid about economic calculations. True economics never militates against the highest ethical standard, just as all true ethics to be worth its name must at the same time be also good economics.”
[Harijan, 9-10-'37]
3. While we rejoice the Azaadi ka Amrit Mahtosav, on the occasion of the 75th Anniversary of Indian Independence – of liberty from the clutches of colonialism, it is an occasion to relish as well as retrospect. We achieved political independence in 1947, but social and economic independence still evades us. It is pertinent to reminisce the words of the Chief Architect of Indian Constitution, Dr. B. R. Ambedkar, where he said:
“However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”
4. It is as evident as it can be that letters of law remain in black and white devoid of flesh and blood unless they are given effect to. Welfare legislations must be implemented in letter and spirit to ensure that objectives sought therein are implemented by making the fruits accessible to and exercised to the benefit of the last person in the society for whom the legislation was brought in.
5. After the Constitution (Eighty-sixth Amendment) Act, 2002, which inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right, and with the advent of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the “RTE Act”), ensuring free and compulsory education to all children of the age of six to fourteen years became a solemn responsibility and commitment on the part of state.
6. The instant batch of petitions has been filed by the petitioners seeking the admission of students under the Economically Weaker Section category (hereinafter referred to as the “EWS category”) under Section 2(e) of the RTE Act in the respondent schools at the elementary level. Such students from the EWS category have been given Letters by the Department of Education (hereinafter referred to as the “DOE”), Government of NCT of Delhi confirming their admission to the respective schools in Delhi under the Scheme of the RTE Act.
7. These letters were issued pursuant to a draw of lots conducted by the DoE and the results were communicated to all the schools as well as the fortunate few children belonging to the EWS category who
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