Delhi High Court: The Single Bench of Mini Pushkarna, J., dismissed the writ petition praying for granting admission in primary school to the student under the ‘Disadvantaged Group Category' for the academic year 2021-2022 and 2022-2023, on the grounds that for any Academic Session, admission has to be taken by the student latest by 31st December of the said Academic Session.
The contention of the student was that he had been denied admission in the academic year 2022-2023 despite having been allotted the same school in the adjustment round conducted by Directorate of Education (respondent no.1). Further no cogent reason for declining admission to the student was given except vague and misleading response that the student should seek admission in a government school. It was further contended that respondent no.2 was under obligation to reserve 25% of seats against the available strength at the entry level in the school under the ‘Right of Children to Free and Compulsory Education Act, 2009.'
The Court noted that the student was relying upon an allotment letter issued by Respondent no1. for the Academic Session 2021- 2022. A subsequent letter for the Academic Session 2022-2023 has also been filed by the student on record.
The Court while referring to the case of Neeraj Kumar v. Venkateshwar Global School (2017) SCC OnLine Del 7842, held that for seeking an admission in any Academic Session, the student has to be admitted latest by 31st December of the academic year. Further, the student cannot be granted admission for the academic year 2023-24 based on allotment letter issued for the academic sessions 2021-22 and 2022-23
Thus, the Court accordingly dismissed the petition stating that no relief can be granted to the student for the current Academic Session 2022-2023
[Bhagwan Singh as Guardian of Vivek v. GNCTD, 2023 SCC OnLine Del 27, decided on 04-01-2023]
Advocates who appeared in this case :
Ishan Sanghi, Saagrika Wadhera and Arish Choudhary, Advocates, for the Petitioner;
Standing Counsel (Civil) GNCTD Santosh Kr. Tripathi with Mehak Rankwat and Arun Panwar, Advocates, for the Respondents.