MASTER KAVISH vs MODERN PUBLIC SCHOOL & ANR.

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13353/2023
MASTER KAVISH ….. Petitioner
Through: Mr. Vivek Kumar Tandon, Ms. Prerna Tandon and Mr. Darshnik Narang, Avs.

versus

MODERN PUBLIC SCHOOL & ANR. ….. Respondents
Through:

CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR

JUDGMENT (O R A L)
% 14.02.2024

CM APPL. 54885/2023

1. The order passed by this Court on 19 October 2023 effectively allows this application. No further orders are, therefore, required to be passed on this application.

W.P.(C) 13353/2023

2. It has been pointed by learned Counsel for the Respondent 1 school that the petitioner has been admitted to an alternate school by the DoE, consequent on the Respondent 1 school not having admitted the petitioner. He also points out that the school to which the petitioner has been admitted is one of the schools which was in the list of schools chosen by the petitioner.

3. Mr. Tandon, learned Counsel for the petitioner, submits that the school to which the petitioner has been admitted is a school which functions only till class VIII and that, as such, it hardly an alternative to the Respondent 1 school.

4. Mr. Utkarsh Singh, learned Counsel for the DoE, also submits that the school to which the petitioner was admitted is one of the schools which was selected by the petitioner himself. He, however, acknowledges that, in the list of schools which are displayed on the website of the DoE from which parents of EWS students can choose the schools to which they desire their ward to be admitted, the class upto which the schools are functioning is not indicated.

5. However, Mr. Utkarsh Singh submits that if the parent concerned was to access the link of the school from the DoE website, the details of the school would be forthcoming.

6. To me, this is completely unacceptable.

7. An EWS student already suffers from an inherent financial handicap. In several cases, they do not have access to the internet or, even if they do, are not adept in navigating it. It cannot be expected, of such parents, that they would move from link to link on the internet to find out the details of the schools enlisted on the DoE website as available for admitting EWS students.

8. Ergo, while putting up the list of schools from which the parents of EWS students can make the choice as to where their ward should be admitted, the DOE would hereinafter ensure that the list indicates the class upto which the schools function, so that the parent does not unconsciously agree to admit his child to a school which does not function till class XII.

9. Of course, once the details are so indicated, if a parent still desires to admit his or her child to a school which does not function till class XII – perhaps, because the standard of education imparted by the school itself may be high – that would the choice which the parent herself or himself would consciously exercise.

10. The Class upto which the schools in the lists provide education has necessarily, however, to be made known to the parents of EWS students while enabling them to make an option for their wards.

11. The DoE is granted a further and final opportunity of ten days and no more to file counter affidavit by way of response to this writ petition with advance copy to learned counsel for the petitioner who may file rejoinder thereof within five days thereof.

12. List for hearing and disposal at the end of the Board on 5 March 2024.

13. No extension of time for filing of counter affidavit/rejoinder shall be granted.

14. Mr Utkarsh Singh is directed to communicate a copy of this order to the DoE to ensure future compliance.

C. HARI SHANKAR, J.
FEBRUARY 14, 2024
dsn
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