Harman Singh Dhingra vs State of Punjab and others

Surya Kant, J.—Notice of motion to respondent Nos.1 to 3 only at this stage. Mr.Manoj Bajaj, Additional Advocate General, Punjab,

accepts notice on their behalf.

Since we do not propose to pass an order adverse to the interest of respondent Nos.4 to 6, there is no necessity to call upon them at this stage.

This Letters Patent Appeal is directed against an order dated 22.5.2012 passed by the learned Single Judge, dismissing Civil Writ Petition No.

6310 of 2012, inter-alia, on the ground of maintainability as it was filed against a private un-aided school with no regulatory control over its

functioning by the Education Department.

The appellant who is a tiny tot aged less than four years seeks his admission in a well placed school known as Pumpkins Kindergarten School at

Ludhiana. The minor-appellant though is the de-jure aggrieved person, none-the-less the de-facto fight is between his parents and the management

of the aforesaid school.

We have heard learned counsel for the appellant at some length and also interacted with the parents of the child on 13.7.2012 so as to make

them to realize that it would be detrimental to the interest and overall growth of the child to get him admitted in the subject play school through the

Court order. Our endeavour was to impress upon the parents that an in different attitude of the school authorities towards the child would lead to

his isolation and can have far-reaching consequences.

The parents of the appellant have understood the implications. It is however, pointed out on their behalf that the admissions in other well reputed

play schools are over and they are left with no alternative. They submit that given a choice, they would like to get their child admitted in the

following schools in the same order of preference:

1) Delhi Public School, South City, Ludhiana.

2) B.C.M. Arya Model School, Shastri Nagar, Model Town Road, Ludhiana.

3) Giggles, Sarabha Nagar, Block-A, Ludhiana.

4) Little Kingdom, Gurdev Nagar, Ludhiana.

Keeping in view the interest of the minor child who has been in corridors of the Courts as such a tender age and the genuine anxiety of his

parents to get him admitted in a reputed play school and since it will not be in the interest of the appellant-child himself to press for his admission in

the Pumpkin Kindergarten School, the only effective recourse left for us is to direct the Deputy Commissioner, Ludhiana to make an appeal on our

behalf to the Management of the afore-mentioned schools in order of priority and impress upon them to carve out an exception and admit the

appellant-child in one of the schools subject to compliance of all the terms and conditions including late fee, if any, by his parents. We are sanguine

and hopeful that the Management and Principals of the above-mentioned schools will appreciate the concern of this Court and sentiments of the

family of the appellant-child and will accommodate him. It shall be highly appreciated if the admission is granted as early as possible and preferably

within a period of one week so that the lurking agony and the uncertainty are both gone.

We are equally confident that the Managements of the afore-mentioned schools shall take our order in the right spirit and not as an unwanted

burden.

This order of ours, however, may not be construed as an approval of the view taken by the learned Single Judge vide order under appeal. The

question of maintainability of the writ petition against a private institution performing ""public duties/functions"" with or without government-aid is

debatable and is kept open to be gone into at an appropriate stage in future.

We further clarify that this order has been passed in peculiar facts and circumstances and will not constitute a precedent.

The writ petition stands disposed of. Let a copy of this order be given dasti under the signature of the Bench Secretary to Mr.Manoj Bajaj,

Additional Advocate General, Punjab, for information and necessary compliance.