MOHIT DABAS & ANR.

 VS. THE PRINCIPAL INDRAPRASTHA WORLD SCHOOL & ORS.

(W.P.(C) 17672/2022)

P1 - MOHIT DABAS S/O SH. DHARAMBIR DABAS

P2 - ANKIT S/O SH. DHARAMBIR DABAS

R1 - THE PRINCIPAL, INDRAPRASTHA WORLD SCHOOL

R2 – DOE, GOVT. OF NCT OF DELHI

R3 - DELHI COMMISSIION FOR PROTECTION OF CHILD RIGHTS (DCPCR), GOVT. OF NCT OF DELHI

c Order Date
1 30/05/2023 W.P. filed because EWS students not given admission even after draw of lots.
R1 to write letter to DOE and R2 to conduct investigation, as required. Let
reply be filed within 3 weeks and Rejoinder, if any, 1 week after it.
2 15/05/2023 Counsel for R1 submit that reply filed but Counsel for Petitioner says they
didn’t receive it. So, copy to be provided through mail.
Counsel for DOE submits no letter received. Counsel for R1 submits letter
already written. DOE to file a requisite affidavit.
3 19/04/2023 Affidavit mot filed by DOE, seek time for the same. Given 3 weeks of time.
Investigation to be carried out by DOE.
4 10/03/2023 Counsel for R1 submits daughter of P2 already given admission under DG
category. DOE seeks more time for affidavit, given 10 days.
5 09/02/2023 Counsel for Petitioner confirms that one Petitioner has been given admission
but the other hasn’t. DOE submits copy of investigating report received, which
along with affidavit of DOE to be filed on record within 10 days.
6 23/12/2022 Counsel for DOE submits that they need to file Additional affidavit.

BRIEF:

In this case, R2 i.e., DOE issued a circular for admission under EWS/DG category in entry level CLASS for
the sessions 2022-23 according to which all the successful candidates had to be given admission in
recognized private unaided schools in Delhi. R1, as per the judgment given by the Hon'ble High Court of
Delhi in various cases, has to provide 25% seats to EWS students in entry level classes as they are allotted
land by the Delhi Development Authority. The result of draw of lots for admission under EWS/DG/CWSN
category in recognized unaided Pvt. Schools in Delhi were declared. R2 also issued another circular that
the Pvt. Unaided recognized schools cannot deny the admission of successful candidates in any situation.
The Petitioners also visited R1 with the school allotment letter and the other documents required for the
admission but they were given no response. They also approached the Zonal and District Deputy
Directors too but the request has been given no attention.
Hence, the present W.P. under Art. 226 is for issuance of writ of Mandamus or any other appropriate
writ to admit the WARD of the for the academic session of 2022-23. They’ve prayed to allow admission
to KAVYA D/o Sh. MOHIT DABAS in class Pre-School and BHOOMI D/o Sh. ANKIT in class Pre-School under
EWS/DG/CWSN category in the academic session 2022-23 in the said school without any further delay.
They also want the Hon'ble Court to pass an interim order directing R1 to permit the petitioners to
attend school till the pendency of the petition or to keep 2 seats vacant in its school in respective class
under EWS/DG category in the session 2022-23. Also, award reasonable compensation to the petitioners
for the pain, agony and suffering suffered at the hands of the respondent along with entire costs of the
present proceeding in favour of the petitioners and against the respondents.