Admission of the minor not to be cancelled on the ground of misdeeds of the father

Delhi High Court: While dealing with the issue relating to cancellation of admission of minor on the ground of fake income certificate, the Court directed the School authorities to restore the admission of minor in School.

In the present case, the admission of the petitioner was cancelled and name of the petitioner was struck off from the rolls of the school on the ground that income certificate furnished by the father of the minor at the time of seeking admission was fake and forged.

The Court while taking a lenient view directed the school authorities to restore the admission of the minor subject to deposit of a penalty of Rs. 5,000/- by the father of the petitioner with the Lok Nayak Jai Prakash Hospital, Delhi within two weeks. The Court also noted that as the issue involves the education of a minor and the minor falls in the eligible category and an income certificate certifying the said fact has been furnished and no fault can be attributed to the minor, in the facts of the case. The Court also said that the petitioner shall also be entitled to all the benefits/entitlements under the Economically Weaker Section category. The Court further stated that if the new income certificate furnished by the petitioner is found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission of the petitioner in accordance with law. [Baby Mehak Juneja v. Director, Directorate of Education, 2016 SCC OnLine Del 4301, decided on 03.08.2016]

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