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$'-5-11 HIGH COURT OF DELHI
W.P.(C)3872/2016& C.M.Nos.16452/2016
MISS ASTHA RAI TliR FATHER RAMESFIRAI Petitioner
Through Mr.Khagesh BJha,Advocate.
W.P.(C)3872/2016& C.M.Nos.16452/2016
MISS ASTHA RAI TliR FATHER RAMESFIRAI Petitioner
Through Mr.Khagesh BJha,Advocate.
VERSUS
DELFIIPUBLIC SCHOOL & ANR Respondents
Through Mr.Puneet Mittal,Advocate for R-1.
Mr.Santosh Kumar Tripathi,ASC for GNCTD.
Through Mr.Puneet Mittal,Advocate for R-1.
Mr.Santosh Kumar Tripathi,ASC for GNCTD.
W.P.(C)3873/2016& C.M.No.16453/2016
MASTER GOURAV SINGH TFIR FATHER AMIT SINGH.... Petitioner
Through Mr.Khagesh B.Jha,Advocate.
MASTER GOURAV SINGH TFIR FATHER AMIT SINGH.... Petitioner
Through Mr.Khagesh B.Jha,Advocate.
VERSUS
DELFIIPUBLIC SCFIOOL & ANR Respondents
Through Mr.Puneet Mittal, Advocate for R-1.
Mr.Shubhanshu Gupta,Advocate for GNCTD.
Through Mr.Puneet Mittal, Advocate for R-1.
Mr.Shubhanshu Gupta,Advocate for GNCTD.
W.P.(C)3875/2016& C.M.No.16456/2016
MASIER YUVRAJ TFIR FATHIiRPAWAN KUMAR Petitioner
MASIER YUVRAJ TFIR FATHIiRPAWAN KUMAR Petitioner
VERSUS
DELFIIPUBLIC SCHOOL& ANR Respondents GNCTD.
2016:DHC:8918
2016:DHC:8918
W.P.(C)3876/2016& C.M.No.16457/2016
MASTER LAKSHMAN TI-Hl FATHER ANIL Petitioner
Through Mr.Khagesh BJha,Advocate.
MASTER LAKSHMAN TI-Hl FATHER ANIL Petitioner
Through Mr.Khagesh BJha,Advocate.
VERSUS
DELHIPUBLIC SCHOOL & ANR Respondents GNCTD.
W.P.(C)3877/2016& C.M.No.16458/2016
MASTER ADITYA TITR FATITER PRADEEP KUMAR Petitioner
MASTER ADITYA TITR FATITER PRADEEP KUMAR Petitioner
VERSUS
DELHIPUBLIC SCHOOL & ANR Respondents GNCTD.
W.P.(C)3878/2016& C.M.No.16459/2016
MASTER MANMEET SINGH THR FATFIER GURCFIARAN SINGH Petitioner
MASTER MANMEET SINGH THR FATFIER GURCFIARAN SINGH Petitioner
VERSUS
DELHIPUBLIC SCHOOL& ANR Respondents GNCTD.
W.P.(C)3879/2016& C.M.No.16460/2016
MISS RIYA SATI(MINOR)THR FATFIERPRAMOD CPIAND
Petitioner
MISS RIYA SATI(MINOR)THR FATFIERPRAMOD CPIAND
Petitioner
VERSUS
DELHIPUBLIC SCHOOL& ANR Respondents GNCTD.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN
12.05.2016 Present writ petitions have been filed challenging the show cause notices dated 8'^ April,2016 and 19^^ April,2016 as well as expulsion letters dated ll"' April, 2016 and 2M April, 2016 whereby minor petitioners' names have been struck off from the school rolls on the giound 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.l laldi.
Learned counsel for the petitioners also relies upon the orders dated 2L^ January,2016 and 26^^^ February,2016 passed by this Court m W.P.(C)557/2016,wherein this Courtdirected the school authorities not to cancel the admissions of the minors on the ground of the misdeeds oftheir fathers.
Learned counselforthe respondent-School states thatthe seats i
EWS category are still available with it and the minor petitioners be accommodated in the school. m can
I
Learned counsel for GNCTD states thatrecently the GNCTD has simplified the procedure for issuance ofan income certificate. He also confirmsthatthe new valid income certificates are genuine.
As the issue involves the education of minors and genuine income certificates have subsequently been furnished and since no fault can be attiibuted to the minors, this Court takes a lenient view and directs thatthe admissions ofthe minor petitioners be restored and not cancelled subject to a penalty of Rs. 5,000/- each to be paid to Lok
Nayak JaiPrakash Hospital,Delhi within a period oftwo weeks.
This Court may mention that in the case ofMaster JaiRaikwar and Ors. Vs. TheHeritageSchooland 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 benefifs/entitlements under the said group. liowever, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings.
With the afoiesaid directions, present writ petitions and applications are disposed of. may12,2016 MANMOHAN.J
KA
12.05.2016 Present writ petitions have been filed challenging the show cause notices dated 8'^ April,2016 and 19^^ April,2016 as well as expulsion letters dated ll"' April, 2016 and 2M April, 2016 whereby minor petitioners' names have been struck off from the school rolls on the giound 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.l laldi.
Learned counsel for the petitioners also relies upon the orders dated 2L^ January,2016 and 26^^^ February,2016 passed by this Court m W.P.(C)557/2016,wherein this Courtdirected the school authorities not to cancel the admissions of the minors on the ground of the misdeeds oftheir fathers.
Learned counselforthe respondent-School states thatthe seats i
EWS category are still available with it and the minor petitioners be accommodated in the school. m can
I
Learned counsel for GNCTD states thatrecently the GNCTD has simplified the procedure for issuance ofan income certificate. He also confirmsthatthe new valid income certificates are genuine.
As the issue involves the education of minors and genuine income certificates have subsequently been furnished and since no fault can be attiibuted to the minors, this Court takes a lenient view and directs thatthe admissions ofthe minor petitioners be restored and not cancelled subject to a penalty of Rs. 5,000/- each to be paid to Lok
Nayak JaiPrakash Hospital,Delhi within a period oftwo weeks.
This Court may mention that in the case ofMaster JaiRaikwar and Ors. Vs. TheHeritageSchooland 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 benefifs/entitlements under the said group. liowever, this Court clarifies that it has not expressed any opinion with regard to the criminal proceedings.
With the afoiesaid directions, present writ petitions and applications are disposed of. may12,2016 MANMOHAN.J
KA
JUDGMENT