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HIGH COURT OF DELHI
W.P.(C) 4804/2016 & C.M.No.20066/2016
MASTER TARUN THROUGH FATHER JAI PRAKASH Petitioner
Through Mr.Khagesh BJha, Advocate.
W.P.(C) 4804/2016 & C.M.No.20066/2016
MASTER TARUN THROUGH FATHER JAI PRAKASH Petitioner
Through Mr.Khagesh BJha, Advocate.
VERSUS
APEEJAY SCHOOL & ANR Respondents
Through Mr.Shubhankar Sen, Advocate for R- L Mr.Shubhanshu Gupta, Advocate for
R-2/GNCTD.
Through Mr.Shubhankar Sen, Advocate for R- L Mr.Shubhanshu Gupta, Advocate for
R-2/GNCTD.
W.P.(C) 4806/2016 & C.M.No.20069/2016
MASTER VANSH THROUGH FATHER SH. AJESH Petitioner
Through Mr.Khagesh B.Jha, Advocate.
MASTER VANSH THROUGH FATHER SH. AJESH Petitioner
Through Mr.Khagesh B.Jha, Advocate.
VERSUS
APEEJAY SCHOOL &ANR Respondents
Through Mr.Shubhankar Sen, Advocate for R- L Mr.Shubhanshu Gupta, Advocate for
R-2/GNCTD.
Through Mr.Shubhankar Sen, Advocate for R- L Mr.Shubhanshu Gupta, Advocate for
R-2/GNCTD.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
01.06.2016 Present writ petitions have been filed seeking a direction to respondent -school to allow the petitioners to continue their studies in the respondent-school and accept the fresh income certificates.
2016:DHC:8932 It has been averred in the petitions that vide cancellation letters dated 12^^ April, 2016 the admission of minor petitioners were cancelled on the ground that income certificates forwarded by their parents were fake.
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.l lakh.
Learned counsel for the petitioners also relies upon the orders dated 21^^ Januaiy, 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 counsel for GNCTD states that recently the GNCTD has
Sr simplified the procedure for issuance of an income certificate. He also confirms that the new income certificates are genuine. He has handed over a copy ofemail dated 30^^ May, 2016 written by the SDM, Rohini and the same is taken on record.
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 a period of two weeks.
This Court may mention that in the case of Master Jai Raikwar and Ors. Vs. The Heritage School and Ors., W.P.(C) No.2219/2016, it has allowed a similar writ petition.
Needless to say that the minor 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, if the 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 of the 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 seeking a direction to respondent -school to allow the petitioners to continue their studies in the respondent-school and accept the fresh income certificates.
2016:DHC:8932 It has been averred in the petitions that vide cancellation letters dated 12^^ April, 2016 the admission of minor petitioners were cancelled on the ground that income certificates forwarded by their parents were fake.
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.l lakh.
Learned counsel for the petitioners also relies upon the orders dated 21^^ Januaiy, 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 counsel for GNCTD states that recently the GNCTD has
Sr simplified the procedure for issuance of an income certificate. He also confirms that the new income certificates are genuine. He has handed over a copy ofemail dated 30^^ May, 2016 written by the SDM, Rohini and the same is taken on record.
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 a period of two weeks.
This Court may mention that in the case of Master Jai Raikwar and Ors. Vs. The Heritage School and Ors., W.P.(C) No.2219/2016, it has allowed a similar writ petition.
Needless to say that the minor 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, if the 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 of the 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