BHAGWAN SINGH AS GUARDIAN OF VIVEK  Vs GOVT OF NCT OF DELHI AND ANOTHER -Judgment by Delhi High Court

$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 04th January, 2023
+ W.P.(C) 38/2023
CM APPL. 93/2023 (Exemption)
BHAGWAN SINGH AS GUARDIAN OF
VIVEK ….. Petitioner
Through: Mr. Ishan Sanghi, Ms. Saagrika Wadhera and Mr. Arish Choudhary, Advocates.
versus
GOVT OF NCT OF DELHI AND ANOTHER ….. Respondents
Through: Mr. Santosh Kr. Tripathi, Standing Counsel (Civil) GNCTD with Ms. Mehak Rankwat and Mr. Arun Panwar, Advocates for R-1/DOE.

CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
1. The present writ petition has been filed seeking appropriate directions from this Court with respect to the action of the respondent No. 2 School in not granting the admission in primary school to the petitioner under the �Disadvantaged Group (DG) Category� for the academic year 2021-2022 and 2022-2023.
2. It is submitted that the petitioner has also been denied admission in the academic year 2022-2023 despite having been allotted the same school in the adjustment around conducted by respondent No. 1 i.e. Directorate of Education (DOE).
3. It is submitted on behalf of the petitioner that respondent No. 2 has till date not given any cogent reason for declining the admission to the petitioner except vague and misleading responses that the student should seek admission in a Government school. It is submitted that respondent No. 2 is under an obligation to reserve 25% of the seats against the available/ declared strength of the seats against the available/ declared strength of their classes at the entry level in the school under The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009).
4. It is seen from the record that the petitioner is relying upon an allotment letter issued by the DOE for the Academic Session 2021-2022. A subsequent letter for the Academic Session 2022-2023 has also been filed by the petitioner on record. However, for seeking an admission in any Academic Session, the students have to be admitted latest by 31st December of the academic year. Further, the petitioner cannot be granted admission for the academic year 2023-24 on the basis of allotment letter issued for the academic sessions 2021-22 and 2022-23.
5. This Court in the case of Neeraj Kumar vs. Venkateshwar Global School and Ors., reported as 2017 SCC OnLine Del 7842 has categorically held that admissions in any Academic Year has to be done by 31st December of said Academic Session. The said cut-off date was stipulated after considering the various provisions of RTE Act, 2009 and the Rules framed thereunder. The said judgment was followed by this Court in the case of Radha Krishan & Ors. vs. Bal Bharti Public School & Ors., 2018 SCC OnLine Del 8329 Subsequently, the Division Bench of this Court, vide order dated 14.03.2018 in W.P.(C) No. 3684/2013, Justice For All vs. GNCTD has also relied on the judgment in the case of Neeraj Kumar (supra) and upheld the position that for any Academic Session, admission has to be taken by the student latest by 31st December of the said Academic Session. Thus, the present petitioner, who has approached in January, 2023, cannot be granted admission for the current Academic Session 2022-2023, as per the law laid down by this Court.
6. In view of the aforesaid, no relief can be granted to the petitioner for the current Academic Session 2022-2023.
7. Thus, the present writ petition is dismissed. However, the petitioner is granted liberty to approach the respondent No. 1 / DOE for the purposes of issuance of allotment letter for the Academic Session 2023-2024 and seek admission accordingly under the EWS/ DG Category for the Academic Session 2023-2024.
8. With the aforesaid liberty, the present writ petition is disposed of along with all the pending application(s).

MINI PUSHKARNA, J
JANUARY 4, 2023
PB

Neutral Citation Number: 2023/DHC/000047

W.P.(C) 38/2023 Page 1 of 3