Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision: 14 December, 2018
+ W.P.(C) 13524/2018, CM Nos. 52720-52721/2018
DIVINE ORGANISATION OF RURAL EDUCATION (D.O.R.E)
..... Petitioner
Through: Mr. N.K. Upadhyay, Adv.
versus
LT. GOVERNOR, GOVT OF NCT OF DELHI AND ORS.
..... Respondent
Through: Mr. Ramesh Singh, SC with
Mr. S.K. Tripathi, ASC (GNCTD) &
Mr. Shashank S. Tiwari, Advs. for
DoE
Mr. Kamal Gupta, Adv. with
Ms. Pragya Agrawal, Adv. for R-5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
CM No. 52721/2018
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 13524/2018
1. This petition has been filed by the petitioner with the
following prayers:-
In view of the facts and circumstances of the present
case, it is therefore, most respectfully prayed that this
Hon’ble Court may be pleased to:-
(i) Issue a Writ of Mandamus or any other
appropriate writ (s) in favour of public at large and
W.P.(C) No.13524/2018 Page 1 of 6
against the respondents thereby quashing / setting aside
the circular bearing No. DE.15(298)/PSB/2018/27093-
99 dated 27.07.2018 issued by respondent no.3 herein
respect of admission of students belonging to
Freeship/EWS/DG Category in various private unaided
recognized schools in Delhi, as unjust, arbitrary and
arbitrary, and be further pleased to direct the
respondents herein to restore the manual or offline
method of admission of students belonging to
Freeship/EWS/DG Category in Classes Second and
above in various private unaided recognized schools in
Delhi in the current academic session and allow
admission of all the eligible students belonging to
Freeship/EWS Category by waiving off and / or in
keeping in abeyance the online system as postulated vide
circular bearing No. DE.15 (298)/PSB/2018/27093-99
dated 27.07.2018 issued by the respondent no.3 herein,
in the interest of justice;
(ii) Issue a Writ of Mandamus or any other
appropriate writs or any other orders / directions in
favour of public at large and against the respondents
thereby directing the respondent no.3 herein not to
implement online system of admission under Freeship /
EWS/ DG Category in the current session 2018-19 or
till such time as the online system is not property
implemented and be further pleased to direct the
respondent no.3 and 6 herein to issue a public notice
asking all Private Unaided Recognized Schools in Delhi
to allow admission of students in Class Second and
above under Freeship/EWS/DG Category against the
existing vacancies in their schools in the current
academic session 2018-19;
(iii) Issue a Writ of Mandamus or any other
appropriate writs or orders or directions in favour of
public at large and against the respondents thereby
directing, through the respondent no.3 herein and its
concerned various District Admission Monitoring
Committees in Delhi, all the private unaided recognized
schools in Delhi to allow admission of students under
W.P.(C) No.13524/2018 Page 2 of 6
Freeship / EWS/ DG Category in Class Second and
above against the existing vacancies in their respective
schools in the said category in the current academic
session 2018-19 manually and through offline system of
admission till the pendency of the present petition;
(iv) Issue appropriate writ (s), orders or directions in
favour of public at large and against the respondents
thereby directing the respondent no.3 herein to comply
with the various provisions of DSEAR Act and Delhi
Right to Free and Compulsory Education Rules 2011
relating to admission of students belonging to weaker
sections of the society and also ensure that all the
Private Unaided Recognized Schools in Delhi running
on government land grants admission to eligible
students belonging to Freeship / EWS/ DG Category in
classes second and above on the basis of offline method
/ manual mode of admission in the current academic
session 2018-19 in terms of notification dated
30.12.2013 issued by the respondent no.3 herein as well
as order dated 28.04.2016 passed by the respondent
no.3 herein;
(v) Issue appropriate writ (s) orders or directions in
favour of public at large and against the respondents
thereby directing the respondent no.3 herein to disclose
on affidavit the total number of seats in each category in
each classes above Standard Second in various private
unaided recognized schools in Delhi and also direct the
respondent noi.3 to disclose the number of admission
made so far of the students belonging to Freeship /
EWS/ DG Category in each classes in Standard School
and above in the session 2018-19 in all the Private
Unaided Recognized Schools in Delhi;
(vi) Any other order or relief(s) which this Hon’ble
Court may deem fit and proper in view of the facts and
circumstances of the present case may also be passed or
awarded in favour of the petitioners and against the
respondents, in the interest of justice.
W.P.(C) No.13524/2018 Page 3 of 6
2. In effect, the petitioner is challenging the circular dated July
27, 2018, whereby the respondents have decided to fill all such
vacancies / seats available under freeship quota and also EWS / DG
category through computerized draw of lots after inviting online
applications for admission in Class 2 onwards in private / unaided
recognized schools running on the Government land / DDA as was
being done in case of admissions at the entry level classes.
3. Learned counsel for the petitioner would contend that the
respondents have not put in place the mechanism for online
admission. That apart, it is his submission that the online admission
process shall result in many seats going waste.
4. Mr. Ramesh Singh, who appeared for the respondent Nos.1,
2 and 3, on advance notice, states that this issue is no more res-
integra in view of the judgment of one of us, (V.Kameswar Rao, J.)
wherein this Court has upheld the admission through online process.
He has placed before us the judgment delivered on March 31, 2017
in W.P.(C) No. 7945/2016 Neeraj Kumar v. Venkateshwar Global
School and Ors and connected matters in that regard.
5. Having perused the judgment, we note in paras 26 and 27,
the Court has held as under:-
W.P.(C) No.13524/2018 Page 4 of 6
“26. Having heard the learned counsel for the parties,
the only issue which arises for consideration is that the
prayer as sought for by the petitioners in this petition is
liable to be granted when the petitioners have not
applied through online for admission in terms of
circular issued by the Director of Education on 29th
December, 2015. I may only state here, in none of the
petitions, the petitioners have challenged the Circular
dated 29th December, 2015.
27. The stand is that the said circular shall hold good
for those admissions made uptill March 31, 2016 and
not against the vacancies, which may arise after that
date because of attritions, cancellation of admissions on
account of submission of fabricated certificates etc. In
other words, the admission against those seats need to
be made on the basis of manual application by the
School concerned. Such a plea is not appealing for the
reason, the stand of the Directorate of Education on the
objective to introduce online system to ensure a fair,
uniform, and transparent admissions under EWS/DG
category, can’t be overlooked. As stated above, the
petitioners have not submitted online applications. In
the absence of applications and also a challenge to the
circular dated December 29, 2015 it must be held that
till such time, the online applications are exhausted, the
petitioners/wards of the petitioners have no right to seek
admission on the strength of a manual application.”
(emphasis supplied by the court)
6. Apart from the above conclusion, we also agree with the
submission made by Mr. Ramesh Singh that the admission through
manual applications may lead to irregularities in the admission
process. Suffice it to state, the plea of learned counsel for the
petitioner that the applications should also be invited through offline
process, cannot be accepted.
W.P.(C) No.13524/2018 Page 5 of 6
7. Insofar as the other plea of the learned counsel for the
petitioner that many of the seats shall go waste is concerned, Mr.
Ramesh Singh states, if any vacancy remains, the admission is
undertaken through further draw of lots.
8. Noting the above, we do not see any reason to exercise our
extraordinary jurisdiction under Article 226 of the Constitution of
India. The petition is dismissed. No costs.
CM No. 52720/2018 (for direction)
Dismissed as infructuous.
V. KAMESWAR RAO, J
CHIEF JUSTICE
DECEMBER 14, 2018 /ak
W.P.(C) No.13524/2018 Page 6 of 6