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HIGH COURT OF DELHI
W.P.(C) 5190/2016 & C.M.No.21584/2016
DAKSH SINGH (MINOR) Petitioner
Through MrJasmeet Singh with Mr.Sunil Kumar and Ms.Astha Sharma, Advocates.
W.P.(C) 5190/2016 & C.M.No.21584/2016
DAKSH SINGH (MINOR) Petitioner
Through MrJasmeet Singh with Mr.Sunil Kumar and Ms.Astha Sharma, Advocates.
VERSUS
CHINMAYA VIDYALAYA & ORS Respondents
Through Mr.KapilGupta, Advocate for R-1.
Mr.S.K.Sethi with Ms.Doly Sharma, Advocates for R- 2 & 3.
Through Mr.KapilGupta, Advocate for R-1.
Mr.S.K.Sethi with Ms.Doly Sharma, Advocates for R- 2 & 3.
W.P.(C) 5200/2016 & C.M.No.21621/2016
YOGITA (MINOR) & ORS. Petitioners
Through Mr.Jasmeet Singhwith Mr.Sunil
YOGITA (MINOR) & ORS. Petitioners
Through Mr.Jasmeet Singhwith Mr.Sunil
VERSUS
Through Mr.Kapil Gupta, Advocatefor R-1.
Mr.Shaday Farasat, Advocate for R- 2 &3.
Mr.Shaday Farasat, Advocate for R- 2 &3.
W.P.(C) 5219/2016 & C.M.No.21703/2016
YAMINI (MINOR) & ORS THROUGH THEIR FATHERS Petitioners
Through Mr.Jasmeet Singh with Mr.Sunil
YAMINI (MINOR) & ORS THROUGH THEIR FATHERS Petitioners
Through Mr.Jasmeet Singh with Mr.Sunil
VERSUS
Through Mr.Kapil Gupta, Advocate for R-1.
2016:DHC:8931 5.
Mr.Shaday Farasat, Advocate for R- 2 &3.
2016:DHC:8931 5.
Mr.Shaday Farasat, Advocate for R- 2 &3.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
01.06.2016 Present writ petitions have been filed challenging the cancellation letters dated 4^^ March, 2016 whereby admission of minor petitioners have been cancelled on the ground that the income certificates forwarded by their parents were fake and forged.
Learned counsel for petitioners states that even fresh income certificates of the parents of the minor petitioners still disclose their actual income as less than Rs. 1 lakh.
Learned counsel for the petitioners also relies upon the orders dated 2L^ January, 2016 and 26'*^ February, 2016 passed by this Court in W.P.(C) 557/2016, wherein this Court directed the school authorities not to cancel the admissions of the minors on the ground of the misdeeds of their fathers.
Learned counsel for the respondent-School states that the seats in
EWS category are still available with it and the minor petitioners can be accommodated in the school.
Learned additional standing counsel for GNCTD states that recently the GNCTD has simplified the procedure for issuance of an income certificate. He also confirms that the new income certificates are genuine. Fie has handed over the verification reports dated SL"'
May, 2016 issued by the Tehsildar, Vasant Vihar and the same are taken on record. h
As the issue involves the education of minors and genuine income certificates have subsequently been furnished and since no fault can be attributed to the minors, this Court takes a lenient view and directs that the admissions of the minor petitioners be restored and not cancelled subject to a penalty of Rs. 5,000/- each to be paid to Lok
Nayak Jai Prakash Hospital, Delhi within aperiod oftwo weeks.
This Court may mention that in the case ofMaster Jai Raikwar and Ors. Vs. The Heritage School andOrs., W.P.(C) No.2219/2016, it has allowed a similar writ petition. Needless to say that the minoi petitioners shall be entitled to all the benefits/entitlements under the said group. However, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings. Moreover, ifthe new income certificates furnished by the petitioners are found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission ofthe petitioners in accordance with law and no special equity shall be claimed by the petitioners by virtue ofthe present order.
With the aforesaid directions, present writ petitions and the applications stand disposed of.
Order dasti.
MANMOHAN, J JUNE 01, 2016 KA
01.06.2016 Present writ petitions have been filed challenging the cancellation letters dated 4^^ March, 2016 whereby admission of minor petitioners have been cancelled on the ground that the income certificates forwarded by their parents were fake and forged.
Learned counsel for petitioners states that even fresh income certificates of the parents of the minor petitioners still disclose their actual income as less than Rs. 1 lakh.
Learned counsel for the petitioners also relies upon the orders dated 2L^ January, 2016 and 26'*^ February, 2016 passed by this Court in W.P.(C) 557/2016, wherein this Court directed the school authorities not to cancel the admissions of the minors on the ground of the misdeeds of their fathers.
Learned counsel for the respondent-School states that the seats in
EWS category are still available with it and the minor petitioners can be accommodated in the school.
Learned additional standing counsel for GNCTD states that recently the GNCTD has simplified the procedure for issuance of an income certificate. He also confirms that the new income certificates are genuine. Fie has handed over the verification reports dated SL"'
May, 2016 issued by the Tehsildar, Vasant Vihar and the same are taken on record. h
As the issue involves the education of minors and genuine income certificates have subsequently been furnished and since no fault can be attributed to the minors, this Court takes a lenient view and directs that the admissions of the minor petitioners be restored and not cancelled subject to a penalty of Rs. 5,000/- each to be paid to Lok
Nayak Jai Prakash Hospital, Delhi within aperiod oftwo weeks.
This Court may mention that in the case ofMaster Jai Raikwar and Ors. Vs. The Heritage School andOrs., W.P.(C) No.2219/2016, it has allowed a similar writ petition. Needless to say that the minoi petitioners shall be entitled to all the benefits/entitlements under the said group. However, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings. Moreover, ifthe new income certificates furnished by the petitioners are found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission ofthe petitioners in accordance with law and no special equity shall be claimed by the petitioners by virtue ofthe present order.
With the aforesaid directions, present writ petitions and the applications stand disposed of.
Order dasti.
MANMOHAN, J JUNE 01, 2016 KA
JUDGMENT