DIVYAN SINGH THROUGH HIS FATHER AJEET SINGH vs DIRECTORATE OF EDUCATION & ANR.
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13316/2023
DIVYAN SINGH THROUGH
HIS FATHER AJEET SINGH ….. Petitioner
Through: Mr. Arkaneil Bhaumik, Mr. Rayadurgam Bharat, Advocates for Dr. Amit George, Adv
versus
DIRECTORATE OF EDUCATION & ANR. …. Respondent
Through: Mr. Utkarsh Singh for Mr. Santosh Kumar Tripathi, SC (C) for the DoE
Mr. Mohit Gupta, Ms. Rashi Aggarwal, Ms. Anisha Gupta, Ms. Deepshika Bansal, Ms.Seema Ali Fatima and Ms. Gunjan Negi,
Advs. for R2.
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 03.05.2024
1. The petitioner in this writ petition seeks issuance of a writ of mandamus to the Respondent 2 school to admit the petitioner in Class III in the Disadvantaged Group (DG) category for the academic session 2023-2024. The petitioner had applied as a DG category candidate for admission to Class II in the academic year 2022-2023. His name was shortlisted by the Directorate of Education (DoE), consequent on a computerized draw of lots for admission to the Respondent 2 school for admission to Class II in the academic year 2022-2023.
2. This Court has held, in Jiya v. Maharaja Agrasen Model School1 and Ayesha Sankhla v. Government of N.C.T. of Delhi2, that the right that enures in favour of EWS or DG category candidates for admission to a school as per the allotment made by the DoE, consequent on a computerized draw of lots, has to be in the terms of the said allotment. The petitioners allotment being for admission to Class II in the year 2022-2023, he cannot maintain a right on the basis of that allotment for admission to Class III in the year 2023-2024. For that year, the petitioner would have had to compete with others, in due course.
3. In that view of the matter, the relief sought in this writ petition cannot be granted.
4. The writ petition is dismissed.
5. Mr. Bhaumik, learned Counsel for the petitioner submits that his client is an EWS candidate as well. This order shall not preclude the petitioner from applying for the ensuing academic year for admission as an EWS candidate in the freeship category to the DoE. If any such application is made, it would be considered by the DoE in accordance with the procedures prescribed in that regard.
C.HARI SHANKAR, J
MAY 3, 2024
rb
Click here to check corrigendum, if any
1 2024 SCC OnLine Del 2126
2 2024 SCC Online Del 3020
—————
————————————————————
—————
————————————————————
W.P.(C) 13316/2023 Page 2 of 3