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HIGH COURT OF DELHI
Date of Decision: 09.12.2019
NATURAL TALENT SPORTSMEN SEARCH AND SOCIAL ORGANIZATION ..... Petitioner
Through: Mr. Anubhav Dubey with Mr. Lewish Edward & Mr. Prawal Mishra, Advs.
Through: Mr. Ramesh Singh, SC, GNCTD with Mr. Santosh Kr. Tripathi, ASC, Mr. Chirayu Jain & Mr. Ishan Agrawal, Advs. for GNCTD.
HON'BLE MR. JUSTICE C.HARI SHANKAR D.N. PATEL, CHIEF JUSTICE (Oral)
In view of the reasons stated in the application, delay of 38 days in filing the counter affidavit is condoned.
The application stands disposed of.
JUDGMENT
1. This Public Interest Litigation has been preferred with the following prayers:- “It is, therefore, most respectfully prayed that this Hon'ble Court may kindly direct to respondent no. 1 & 2 to display the details of the- admission/vacancy in the schools at the main gate; 2019:DHC:6792-DB Pass any other order which may deemed fit and proper in the facts and circumstances of the case, in the interest of justice.”
2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this petitioner is in search of due compliance of a circular issued by the respondents dated 16.01.2019 which is annexed as Annexure R/1 (colly) to the counter affidavit filed by the respondent No.2 – Directorate of Education, whereby the private schools are required to display the vacancies in the school for Economically Weaker Section (EWS) category to the extent of 25% as per provisions of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act,
2019.
3. Looking to the circular already issued by the respondents dated 16.01.2019, we hereby direct the respondent No.2 to scrupulously follow their own circular which is annexed as stated hereinabove with their counter affidavit. If any violation of the circular dated 16.01.2019 is brought to the notice of the respondent No.2, action will be initiated against the erring school in accordance with law, rules, regulations and Government policy applicable to the facts of the case, after giving an adequate opportunity of being heard to the concerned school.
4. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE C.HARI SHANKAR, J DECEMBER 09, 2019