Arvind Kaushik vs Govt Of Nct Of Delhi & Anr

C. Hari Shankar, J

W.P.(C) 15070/2021

The petitioner is a student pertaining to the Economically Weaker Section (EWS) category and is 12 years of age. He applied for admission as an EWS student to Class V. Consequent to a computerized draw of lots, the Directorate of Education (DOE) issued a letter allotting to the petitioner a seat in Class V in the Guru Harkishan Public School (“the School”; Respondent 2 herein).

As the school was not admitting the petitioner, the petitioner instituted the present writ petition before this Court.

By order dated 25 February 2022, a coordinate Bench of this Court directed the school to admit the petitioner in Class V.

As there was no compliance with the said direction, the petitioner filed Cont. Cas. (C) 350/2022 (Arvind Kaushik v. Guru Harkrishan Public School).

The said contempt petition was disposed of by a coordinate Bench of this Court vide order dated 5 April 2022, recording the wiliness of learned Counsel for the school to admit the petitioner in Class VI.

The petitioner has, therefore, been granted admission in Class VI in the school and is continuing to study as a student thereof.

Today, there is no appearance on behalf of the school, though the matter was passed over and called out twice.

The school has not filed any counter affidavit in the writ petition either.

In the circumstances, the writ petition is allowed.

The petitioner shall continue to study as an EWS student in Respondent 2 school, in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

Mr. Agarwala submits that the school is not providing uniform or books to the petitioner as required by DOE’s Circular dated 26 February 2016.

The school is directed to provide uniform and books to the petitioner.

The writ petition stands allowed in the aforesaid terms.