Judicial intervention by Delhi HC required for the admission of EWS child in Delhi school
Title: OJAS SATYAWALI THROUGH HIS MOTHER BHAWNA PATHAK v DIRECTORATE OF EDUCATION & A
Citation: W.P.(C) 12124/2023
Dated on: 9.1.2024
Corum: HON’BLE MR. JUSTICE C. HARI SHANKAR
Facts of the case
The petitioner is a 7-year-old boy belonging to the Economically Weaker Sections (EWS) stratum of society. His parents applied for admission of the Petitioner under the EWS category in the Class I for the 2023-2024 Academic Session. Dwarka International School (the Respondent School) – herein was selected as the most preferred school of choice in the application. Computerized draw of lots was conducted on 14 March 2023. As per the results which were released online, the petitioner succeeded in securing admission to the respondent- School. The Directorate of Education (DoE), by circular dated 14 March 2023 required the successful applicants to approach the school allotted to them. The writ petition avers that the petitioner made continuous efforts to get himself admitted in the respondent-School but that the respondent-School was unwilling to admit the petitioner. In these circumstances, the petitioner approached this Court by means of the present writ petition, praying for issuance of a writ of mandamus, commanding the respondent-School to admit the petitioner in Class 1. When this writ petition had come up for hearing before this Court on 15 September 2023, the contention of Mr. Gautam who appeared on behalf of the respondent-School was that there was a discrepancy in the address furnished in the application made by the petitioner to the DoE, and the actual residential address of the Petitioner. Incidentally, the difference is only that in the registration form, the residential address of the petitioner was different from that of it in Aadhar Card. even a spot verification had been conducted and it was found that when they spoke to the petitioners mother it was found that she was rescinding elsewhere.
Legal provision
A writ of mandamus was filed for the current case. A writ of mandamus is a legal order issued by a court to compel a public authority or official to perform a duty that they are legally obligated to do. It is an extraordinary remedy that is used to enforce the performance of public duties that have been refused or neglected.
Court analysis and judgement
The High Court of New Delhi allowed the writ petition filed by the writ petitioner and ordered the respondent party (School) to regularize the admission of the petitioner and The petitioner shall continue to receive education in the respondent-School in the EWS/DG/CWSN category in accordance with law.
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Written by – Namitha Ramesh