BABY MANNAT vs JAGANNATH INTERNATIONAL SCHOOL & ANR.

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 572/2024
BABY MANNAT ….. Petitioner
Through: Mr. V.K. Tandon, Mrs. Mamta Tandon and Ms. Prerna Tanodn, Advs.

versus

JAGANNATH INTERNATIONAL
SCHOOL & ANR. ….. Respondents
Through: None for Respondent 1
Mr. Utkarsh Singh, Adv. for Mr. Santosh Kumar Tripathi, SC (C) for the DOE
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 25.04.2024

W.P.(C) 572/2024

1. The petitioner had applied to the Directorate of Education (DoE) seeking admission in Class I as a candidate belonging to the Economically Weaker Section (EWS) for the academic session 2023-2024. A computerized draw of lot was conducted by the DoE, consequent on which the petitioner was found eligible and entitled for admission in the Respondent 1 school in Class I.
2. The respondent school did not admit the petitioner, as a result of which the petitioner has approached this Court by means of the present writ petition.
3. The writ petition was filed during the academic year 2023-2024. Notice in this writ petition was issued by this Court on 15 January 2024 and served on the respondent school on 19 February 2024. The matter has, thereafter, been listed before this Court on 18 March 2024, 9 April 2024, 10 April 2024 and today. Till date, there is no response from the respondent school. No one has turned up from the respondent school to oppose this petition either.
4. It is clear, therefore, that the respondent school has not opposed the grant of the relief sought in the writ petition.
5. The right of the petitioner to have been admitted to Class I in 2023-2024 consequent on the computerized draw of lots conducted by the DoE cannot be gainsaid. As the respondent school has not opposed the petition, without proceeding further into merits, the petitioner is found entitled to the relief sought in the petition.
6. Owing to the matter having been adjourned awaiting response from the respondent school, the 2023-2024 academic year is over. Accordingly, the respondent school is directed to admit the petitioner in Class II as an EWS student in 2024-2025, and to continue to educate the petitioner as an EWS student in accordance with law. The petitioner would be entitled to all facilities available to EWS students.
7. The writ petition stands allowed accordingly.
8. It is made clear that this order has been passed because, despite notice from the Court having been served on the respondent school on 19 February 2024, the respondent school has not turned up either to file counter affidavit or even to address arguments against the petition. The Court, therefore, proceeds on the premise that the respondent school is not opposing the prayers in the writ petition.
9. This order is being passed in the special circumstances of this case and shall not be treated as a precedent.

C.HARI SHANKAR, J
APRIL 25, 2024
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