Master Sumit Singh v. Bloom Public School and Ors

JUDGMENT i-i (H (r, SANJEEV SACHDEVA, J. (ORAL) '-f

¶1Learned counsel foi the petitionerhaS;-prqHuced#^^certificateof income dated 05.09.20.r6s.The-sMie^Oaken on-record. A copy of the same has already been furhisheE'^d^th^ for the respondent,who submits that the same has been ver ified by the department.

¶2The present writ petition has been filed seeking quashing of letter idmission of the petitioner has been ler has been struck off from the rolls of the school on the ground that income certificate furnished at the time of seeking admission was fake and forged. dated 09.02.2016 whereby the a cancelled and name of the petition W.P.(C) No.7579/2016 Page 1 of3 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶3Learnedcounselfor the petitionercontendsthat the incomeofthe parents of the petitioneris less than Rs. One lakh per annum which is below the prescribedlimit for the EconomicallyWeaker Section(EWS) category.Freshcertificatedated 05.09.2016has been filed alongwiththe petition.The respondentno. 2 was directedto verify the correctnessof the certificate.Learned counsel Appearingfor respondentNo.2 submits ed and the authorities have report that by their department. that the certificate has been verifi the said certificate has been issued

¶4Learned counselor jth,^jMioher5^Mp^6^ judgments passed by this G6urt;.in 'similafeii;cumstanc8s^^^ the school ''V\ authoritieswere/directednotlo c&ef aMssiorf^ tfe minor child N-' V'- on the ground/of-inisdeeds of the father of the childf'By'\order dated

29.08.2016,tl|erespondentschooljwas'directedto keep one se|atvacantin •^ 'i/!\ '' gb^'V-Ji^oticeof the petition has been ij lib^app^S on theirbehalfOne Economically Weaker Section cate served on respondent No?lHowe such JudgmentreUe(|^;^6h;;isdat^d 22.03.2ra6;^.i^^W:B:(C)2219/2016, titledas ^MasterJai Raikwaiic&OiisrWs^T^ &Ors.\

¶5As the issue involves the educatron of a minor and the minor falls in the eligible category and an incc has been furnished and no fault can me certificate certifying the said fact be attributed to the minor, in the facts of the case, a lenient view is requirW to be taken. It is thus directed that the admission of the petitioner be r deposit of a penalty of Rs. 5,000/- b stored and not cancelled, subject to y the father of the petitioner with the Lok Nayak Jai PrakashHospital,Delhi within two weeks. The hospital shall utilize the amount for provid ng treatment to the persons falling W.P.(C)No.7579/20I6 Page 2 of3 under the EWS category.

¶6The petitioner shall also be entitled to all the benefits/entitlements under the said category. The writ petition is accordingly disposed of in the above terms.

¶7It is clarified that if the new income certificate furnished by the petitioner is found to be fictitious or not correct on any account, it shall be open to the respondents to cancel the admission of the petitioner in accordance with law and"iiio^spepialyequity"sh be claimed by the petitionerby virtueofthe'|iresentorder., " "' Dav/z undfeVtlie -siffnatiirp«!of^thp'ronSMastfir ^4 \X DastiundfeirtMlignatiires.ofthe'CouriMaster.%,^3 " I I •?- V. /•/ ll r i' ] SANJElfiVSACHDEVA,J OCTOBER2^, 2016 JM ||i WM i's-r -lip'Ah """'t ~ S _ '"--''i''•y'" nrcifa^ Tif' <\v W.P.(C)No.7579/2016 !l H Page 3 of3

'y $-22 * IN THE HIGH COukx OF DELHI AT NEW DELHI % Judgmentdelivered on: 27.10.2016 + W.P.(C)7579/2016andCMNo.31235/2016 MASTER SUMIT SINGH versus BLOOM PUBLIC SCHOOL & ORS Petitioner Respondents Advocates who appeared in this case; For the Petitioner SMr Yash F ..4-' >i'rij, li a j -•-5 rai<asii,.-Advocate Forthe Respondents •; : Mr DeveshSingh,Advocatefor GKQTD. % CORAM:- # .y' ' HON'BLE MR JUSTICE SAjgJEEV SACHDEVA j V, 5^; V.