Master Sumit Singh v. Bloom Public School

Delhi High Court · 27 Oct 2016 · 2016:DHC:8668
Sanjeev Sachdeva
W.P.(C) 7579/2016
2016:DHC:8668
administrative appeal_allowed Significant

AI Summary

The Delhi High Court restored the admission of a minor student cancelled on alleged forged income certificate grounds, directing leniency and penalty while allowing verification of the fresh certificate.

Full Text
Translation output
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IN THE HIGH COukx OF DELHI AT NEW DELHI
% Judgmentdelivered on: 27.10.2016
+ W.P.(C) 7579/2016 and CMNo.31235/2016
MASTER SUMIT SINGH
VERSUS
BLOOM PUBLIC SCHOOL & ORS
Petitioner
Respondents
Advocates who appeared in this case;
For the Petitioner SMr Yash F..4-'
>i'rij, li a j
-•-5 rai<asii,.-Advocate
For the Respondents •; : Mr Devesh Singh, Advocate for GKQTD. %
CORAM:- # .y' '
HON'BLE MR JUSTICE SAjgJEEV SACHDEVA j V, 5^; V.
JUDGMENT
i-i
(H
(r, SANJEEV SACHDEVA, J. (ORAL)
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1. Learned counsel foi the petitioner haS;-prqHuced#^^ certificate of income dated 05.09.20.r6s. The-sMie^Oaken on-record. A copy of the same has already been furhisheE'^d^th^ for the respondent, who submits that the same has been ver ified by the department.

2. The present writ petition has been filed seeking quashing of letter idmission of the petitioner has been ler has been struck off from the rolls of the school on the ground that income certificate furnished at the time of seeking admission was fake and forged. dated 09.02.2016 whereby the a cancelled and name of the petition W.P.(C) No.7579/2016 Page 1 of[3] 2016:DHC:8668

3. Learned counsel for the petitioner contends that the income of the parents of the petitioner is less than Rs. One lakh per annum which is below the prescribed limit for the Economically Weaker Section (EWS) category. Fresh certificate dated 05.09.2016 has been filed along with the petition. The respondent no. 2 was directed to verify the correctness of the certificate. Learned counsel Appearing for respondent No.2 submits ed and the authorities have report that by their department. that the certificate has been verifi the said certificate has been issued

4. Learned counse lor jth,^jMioher5^Mp ^ 6^ judgments passed by this G6urt;.in 'similafeii;cumstanc8s^^^ the school ''V\ authorities were/directed notlo c&ef aMssiorf^ tfe minor child N-' V'on the ground/of-inisdeeds of the father of the childf'By'\order dated 29.08.2016, tl|e respondent school jwas'directed to keep one se|at vacant in •^ 'i/!\ '' gb^'V-Ji^otice of the petition has been ij lib^app^S on their behalf One Economically Weaker Section cate served on respondent No?lHowe such Judgment reUe(|^;^6h;;is dat^d 22.03.2ra[6];^.i^^W:B:(C) 2219/2016, titled as ^Master Jai Raikwaiic& OiisrWs^T^ &Ors.\

5. As the issue involves the educatron of a minor and the minor falls in the eligible category and an incc has been furnished and no fault can me certificate certifying the said fact be attributed to the minor, in the facts of the case, a lenient view is requirW to be taken. It is thus directed that the admission of the petitioner be r deposit of a penalty of Rs. 5,000/- b stored and not cancelled, subject to y the father of the petitioner with the Lok Nayak Jai Prakash Hospital, Delhi within two weeks. The hospital shall utilize the amount for provid ng treatment to the persons falling W.P.(C)No.7579/20I[6] Page 2 of[3] under the EWS category.

6. The petitioner shall also be entitled to all the benefits/entitlements under the said category. The writ petition is accordingly disposed of in the above terms.

7. It is clarified 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 and "iiio^spepialyequity "sh be claimed by the petitioner by virtue ofthe'|iresent order., " "' Dav/z undfeV tlie -siffnatiirp«! of^thp'ronSMastfir ^4 \X Dastiundfeir tMlignatiires.ofthe'CouriMaster.%,^3 " I I •?- V. /•/ ll r i' ] SANJElfiV SACHDEVA, J OCTOBER 2^, 2016 JM ||i WM i's-r -lip'Ah """'t ~ S _ '"--''i'' •y'" nrcifa^ T i f ' <\v W.P.(C)No.7579/2016 !l H Page 3 of[3]