$~146 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6097/2026 MISS JYOTI RAI .....Petitioner Through: Mr Ankit Virmani, Mr Hrithik Sharma, Advs. with Mr. Krishna Rai (father of petitioner in person) versus VIDYA BAL BHAWAN SR. SEC. SCHOOL & ANR. .....Respondents Through: Mr. Dhruv Rohatgi, Panel Counsel GNCTD with Ms. Chandrika Sachdeva, Mr. Dhruv Kumar, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 17.07.2026 CM APPL. 44592/2026 1. This is an application filed under Section 151 of CPC, 1908 seeking early hearing of the main petition as the academic session for school education is continuing. 2. For the reasons stated in the application, the present application is allowed and the main petition shall be taken up for hearing today. 3. The application stands disposed of in aforesaid terms. W.P.(C) 6097/2026 4. In view of the above, the matter is taken up for hearing today. 5. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:23 “A. Issue a writ of mandamus or any other appropriate writ, order or direction declaring the removal / expulsion of the Petitioner from Respondent No. 1 School as illegal, arbitrary and contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009; B. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 2 to conduct a fair assessment of the Petitioner's present academic level, and to identify the class in which the Petitioner may be appropriately placed, keeping in view her previous school record, learning loss and the period for which she has remained out of formal schooling; C. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1 School to admit / re-admit the Petitioner under the EWS category in the class so identified by Respondent No. 2 pursuant to the assessment referred to in Prayer Clause B above, and to permit her to continue her education in accordance with law; D. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1 School to provide the Petitioner such special training and additional instruction, as may be recommended / directed by Respondent No. 2, so as to enable the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:23 Petitioner to be brought at par with the learning level of the class in which she is placed and to meaningfully continue her elementary education; E. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 2 to supervise and ensure compliance with the directions issued by this Hon'ble Court, including the Petitioner's assessment, placement and admission/ re-admission in Respondent No. 1 School; F. Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 2, to take appropriate enforcement action against Respondent No. 1 for its continuing and flagrant violation of the statutory prohibition on expulsion under Section 16 of the Right of Children to Free and Compulsory Education Act, 2009;” 6. The case of the petitioner is that the petitioner is a minor girl child belonging to the Economically Weaker Section (“EWS”) category. The petitioner was admitted in respondent No. 1 School under the EWS category and was entitled to continue her education up to Class VIII without interruption and financial burden in terms of the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act”). 7. However, during COVID-19 pandemic, on account of severe financial hardship and lack of access to digital devices, the petitioner was unable to attend online classes, leading to disruption of her education. 8. On resumption of physical classes in January, 2023, the respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:23 No.1 School refused to continue the petitioner’s admission and advised her father to seek admission elsewhere. 9. In Class V, the petitioner obtained 54 out of 1100 marks and hence, was expelled from the school. The petitioner has remained out of formal schooling since 05.04.2024. Hence, the present petition. 10. I have heard learned counsels for the parties. 11. Admittedly, the petitioner has not studied in a school from Class II onwards and when she appeared in Class V, she was unable to comprehend and appreciate the subjects being taught in Class V. In this view of the matter to permit the petitioner to repeat Class V, to my mind, would be unfair to the petitioner, as the petitioner has not had education for Classes II, III and IV. At such formative years of life, every academic year is important as the basics for various subjects such as Maths, English, Hindi etc. are laid. 12. However, the petitioner also cannot be denied her constitutional right of education as envisaged in the RTE Act. Under Article 226 of the Constitution of India, this Court has the necessary mandate to do complete and substantial justice for the petitioner. 13. For the aforesaid reasons, it is directed that the respondent No.2/DoE shall accommodate the petitioner, based on her learning ability, in an age appropriate class in a government school within 5 km radius of the petitioner’s house. 14. Prior to allotting of the class, the responsible Officer of respondent No.2/ DoE and/ or the principal of the school where the petitioner will be admitted, will conduct an exercise to identify age appropriate class for petitioner. Additionally, the respondent No.2/DoE shall ensure that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:23 adequate assistance is provided in the form of extra classes/ tuitions to enable the petitioner to cope with missing of Classes II, III and IV. 15. The order is passed in the presence of Mr. Krishan Rai i.e., father of the petitioner. 16. With these directions, the present petition is disposed of. 17. The next date of hearing i.e., 19.08.2026 stands cancelled. JASMEET SINGH, J JULY 17, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:23