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* IN THE COURT OF DELHI AT NEW DELHI
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JUDGMENT
+ W.P.(C) 8925/2016 & CM No. 36284/2016
MASTER AARAV THROUGH FATHER KAMAL
MANCHANDA ..... Petitioner
Through:
Advocates who appeared in this case:
For the Petitioner :Mr Khagesh B. Jha, Advocate
For the Respondents : Mr. A.P.S. Jadaun, Advocate for R-1
Mr Shatrajit Banerji, Adv. for Mr. Gautam Narayan, ASC for R-2.
1. The present writ petition has been filed seeking quashing of letter dated 29.03.2016 whereby the admission of the petitioner has been cancelled and name of the petitioner 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.
2. 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 23.09.2016 has been filed along with the 2016:DHC:6818 petition.
3. Issue notice. Notice is accepted by learned counsel for respondent no. 1 as also by counsel for respondent no. 2. Learned counsel for respondent no. 1 submits that the income certificate furnished by the petitioner has been verified and has been issued by the office of Tehsildar, Rajouri Garden, New Delhi.
4. Learned counsel for the petitioner relies on various judgments passed by this Court in similar circumstances whereby the school authorities were directed not to cancel the admission of the minor child on the ground of misdeeds of the father of the child. Learned counsel for the respondent school states that the seats in EWS category are still available. One such Judgment relied upon is dated 22.03.2016 in W.P.(C) 2219/2016, titled as ‘Master Jai Raikwar & Ors. Vs. The Heritage School & Ors.’.
5. As the issue involves the education of a minor and the minor falls in the eligible category and an income certificate certifying the said fact has been furnished and no fault can be attributed to the minor, in the facts of the case, a lenient view is required to be taken. It is thus directed that the admission of the petitioner be restored and not cancelled, subject to deposit of a penalty of Rs. 5,000/- by the father of the petitioner with the Lok Nayak Jai Prakash Hospital, Delhi within two weeks. The hospital shall utilize the amount for providing treatment to the persons falling 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 no special equity shall be claimed by the petitioner by virtue of the present order. Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 30, 2016 ‘rs’