Master Neelansh Sharma (Minor) Through His Next Friend and Father v. Ramjas School and Ors

RAJIV SAHAI ENDLAW, J. AUGUST 17, 2015 bs.. (Corrected and released on 8th September, 2015).

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th August, 2015. + MASTER NEELANSH SHARMA (MINOR) THROUGH HIS NEXT FRIEND AND FATEHR ..... Petitioner Through: Mr. Ashok Agarwal, Adv. Versus RAMJAS SCHOOL AND ORS ..... Respondents Through: Mr. Atul Jain and Mr. Abhishek Kumar, Advs. for R-1 to 3. Mr. Satyamak, Adv. for R-4/GNCTD. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition seeks a mandamus for admission of the petitioner to the respondent No.1 Ramjas School at Pusa Road, New Delhi (Pusa Road School). 2. The petition was entertained. Counter affidavits have been filed by the respondents No.1 Pusa Road School and by the respondent No.4 Directorate of Education (DoE), Govt. of NCT of Delhi (GNCTD). No rejoinders thereto have been filed by the petitioner inspite of opportunity. The counsels have been heard. 3. It is the case of the petitioner: (i) that he has passed Class V from the respondent No.2 Ramjas Primary School, Darya Ganj, Delhi (Darya Gang School) in the academic year 2014-2015 and was eligible for admission in Class VI in the respondent No.1 Pusa Road School in the academic year 2015- 2016; (ii) that the respondent No.2 Darya Ganj School vide Circular dated 7th March, 2015 informed the parents of all the children who had passed Class V to report to the respondent No.1 Pusa Road School for interview on 25th March,2015; (iii) that though the petitioner approached the respondent No.1 Pusa Road School on 25th March, 2015 along with the requisite fee but was denied admission, for the reason of his father having actively protested against the School Management on various issues; That when the representations made to the respondent No.1 Pusa Road School and the respondent No.3 Ramjas Foundation met with no success, this petition with the relief aforesaid was filed. 4. The respondent No.1 Pusa Road School in its counter affidavit has pleaded: (I) that the petition has been filed under an erroneous assumption that the petitioner has a right to be automatically admitted in the respondent No.1 Pusa Road School in Class VI; (II) that the respondent No.1 Pusa Road School, as also the respondent No.2 Darya Ganj School, are private Schools, with the respondent No.2 Darya Ganj School being from Nursery to Class V and the respondent No.1 Pusa Road School being from Class VI to XII with the total number of intake seats of 168 which is divided into four sections of 42 students each; (III) that the respondent No.1 Pusa Road School"s total intake of students in Class VI is from two sources, (i) i.e. outside students who have passed Class V from neighbouring schools; and, (ii)students who have passed Class V from, (a) respondent No.2 Darya Ganj School, (b) Ramjas Primary School, Ballimaran, and (c) Babu Ram Happy School, Sita Ram Bazar; (IV) that the respondent No.2 Darya Ganj School and the Ramjas Primary School, Ballimaran are run under the aegis of the respondent No.3 Ramjas Foundation; (V) that the respondent No.1 Pusa Road School admits students, first from the neighbouring schools and thereafter from (a) the respondent No.2 Darya Ganj School, (b) Ramjas Primary School, Ballimaran, and (c) Babu Ram Happy School, Sita Ram Bazar; (VI) that of the 48 students who passed out Class V from the respondent No.2 Darya Ganj School, only 37 students were selected to be admitted to the respondent No.1 Pusa Road School; similarly of the 32 students who passed out Class V from Ramjas Primary School, Ballimaran, only 19 were selected for admission to the respondent No.1 Pusa Road School and of the 43 students who passed out Class V from Babu Ram Happy School, Sita Ram Bazar, only 33 were selected for admission to the respondent No.1 Pusa Road School; (VII) that the selection of students is not made arbitrarily but by following a reasonable classification founded on an intelligible differentia; the respondent No.1 Pusa Road School fixed a cut-off of 50% marks in Class V for admission in Class VI; that of the 48 student