Neutral Citation Number: 2023:DHC:2607

W.P.(C) 348/2023 Page 1 of 19

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 348/2023 and CM APPL. 1358/2023

AYAN JORWAL (MINOR) THROUGH FATHER DINESH

KUMAR MEENA

..... Petitioner

Through:

Mr. Balram, Advocate with

petitioner

in

person

(Ph.9315595676)

versus

GOVT. OF NCT OF DELHI & ORS.

..... Respondents

Through:

Mr. Santosh Kumar Tripathi,

SC (Civil) GNCTD with

Mr. Utkarsh Singh, Advocate

for

DOE,

GNCTD

(Ph.

9129829862, e-mail:

scgnctd@gmail.com)

Mr. Kamal Gupta, Mr. Sparsh

Aggarwal, Ms. Paridhi Bist and

Ms. Ananya Lamba, Advocates

for respondent- school

(Ph. 9810988094, e-mail:

kamalguptaandcompany@gmail.com)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

%

J U D G M E N T

17.04.2023

MINI PUSHKARNA, J.

1.

The present writ petition has been filed with prayer for direction

to consider the case of the petitioner child for admission to the

respondent No.3 School in Class-I by granting the benefit of marks

under the criteria of sibling, without insisting on fee slip of the sibling

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.04.2023

08:33:30

Signature Not Verified

Neutral Citation Number: 2023:DHC:2607

W.P.(C) 348/2023 Page 2 of 19

of the petitioner as proof of studying in the school.

2.

Facts in brief are that the respondent No.3 School issued a

notification for admission to entry level classes for academic session

2023-2024. The father of the petitioner herein applied for admission

of the petitioner in Class I for academic session 2023-2024 in the

‘Open Seats’ Category. The petitioner’s father submitted admission

form online claiming total 70 points as per the criteria laid down by

the School, i.e., 40 points for neighbourhood and 30 points for sibling,

since the elder brother of the petitioner also studies in the respondent

No.3 School.

3.

On 20.12.2022, petitioner’s father received an email from

School wherein it was stated that the application form of the petitioner

has been rejected for the reason that latest tuition fee receipt in support

of the ‘sibling criteria’ had not been attached. The email dated

20.12.2022 as issued by the respondent No.3 School reads as under:

We regret that your application form (P1/2023/284)

receipt"”

4.

Pursuant to receipt of the aforesaid email, petitioner’s father

wrote an email dated 21.12.2022 to the School stating that his elder

son was a student of the School, who had been admitted under the

Disadvantaged Group (DG) Quota. Therefore, he did not have any

tuition fee receipt in support of claim towards points under the ‘sibling

criteria’. Along with the email, petitioner’s father attached a document

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.04.2023

08:33:30

Signature Not Verified

Neutral Citation Number: 2023:DHC:2607

W.P.(C) 348/2023 Page 3 of 19

dated 10.11.2022 duly signed by the Principal of the respondent No.3

School certifying that the elder brother of the petitioner was a bona

fide student of the school in question.

5.

Subsequently, the petitioner also wrote an email dated

22.12.2022 to the respondent no.2, i.e., Deputy Director of Education

(DoE). The respondent No.2 wrote an email dated 23.12.2022 to the

School directing it not to stress upon submission of proof of payment

of fee made by elder brother of the petitioner.

6.

Thereafter, the petitioner’s father requested the respondent No.3

School to consider the admission form of his son. No reply was

received from the School. Subsequently, on 06.01.2023, respondent

No.3 Schoo