$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010426722026 + W.P.(C) 13170/2026, CM APPL. 61232/2026 & CM APPL. 61233/2026 SADHU VASWANI INTERNATIONAL SCHOOL FOR GIRLS .....Petitioner Through: Mr Kamal Gupta, Mrs Tripti Gupta, Mr Sparsh Aggarwal, Mr Siddharth Arora, Ms. Ananya Prakash, Advocates versus DIRECTORATE OF EDUCATION .....Respondent Through: Mr. Rohtagi, Adv (appearance not given) CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 09.09.2026 CM APPL. 61233/2026 Allowed subject to all just exceptions. The application stands disposed of. W.P.(C) 13170/2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “(A) Certiorari quashing the Impugned Order titled ‘Show- Cause Notice’ bearing no. SWA/2026/351 dated 18.08.2026, issued by the Respondent/DoE, as being illegal, arbitrary, malafide, without jurisdiction, unconstitutional, ultra vires, and in defiance of the orders dated 22.07.2026 and 31.07.2026 passed by this Hon’ble Court in W.P.(C) 9928/2026; 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 19/09/2026 at 11:44:18 (B) Mandamus directing the DoE not to allot or compel the Petitioner to admit EWS/DG/CWSN students in excess of the ratio of 3:1 w.r.t. the actual general category admissions (31) made by the school in the entry level class in academic year 2026-27….” 2. For the reasons stated in the petition, issue notice. 3. Mr. Rohtagi, learned counsel, accepts notice on behalf of the respondent and has addressed arguments. 4. Mr. Gupta, learned counsel for the petitioner, states that the impugned Show Cause Notice dated 18.08.2026 issued by the respondent herein is not a notice but rather an adjudication which has already been done to the prejudice of the petitioner. He draws my attention to the following paragraph of the notice which reads as under:- “And whereas, subsequent to the allotment process and after refusing admission to the remaining allotted candidates, the School submitted a representation seeking exemption from admitting all students allotted under the EWS/DG/CWSN category on the ground that the admissions secured under the General Category were lower than the declared intake. The said contention is wholly untenable and devoid of merit. The School had itself, vide its written communication dated 28.11.2025, voluntarily declared and confirmed its entry-level strength as 120 seats, inclusive of 30 seats reserved for the EWS/DG/CWSN category (25%), pursuant to the Directorate's Circular dated 09.12.2025. No objection, representation, or request for revision of the declared strength 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 19/09/2026 at 11:44:18 was submitted within the prescribed time. Consequently, the School is estopped from resiling from its own declared seat matrix after completion of the computerized allotment process, and the subsequent plea seeking exemption on the basis of lower General Category admissions is contrary to the statutory framework, the binding conditions governing the admission process, and the law laid down by the Hon'ble High Court of Delhi in Rameshwar Jha v. The Principal, Richmond Global School & Ors. (W.P.(C) 1092/2021). Accordingly, the representation submitted by the School is not acceptable and deserves to be rejected. And whereas, the deliberate non-compliance, contumacious disregard of departmental directives, and unlawful refusal of admission by the School constitutes a multi-fold violation of: i. Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009; ii. Section 3(1) of the Delhi School Education Act, 1973 read with Rule 43 of the Delhi School Education Rules, 1973; iii. Statutory Notification dated 28.02.2012 (Delhi School Education [Free Seats for Students Belonging to EWS and DG] Order, 2011); iv. Departmental Circulars dated 09.12.2025, 20.02.2026, and Memorandum dated 02.06.2026; v. Mandatory conditions governing the allotment of land at concessional rates by the government agency concerned; and vi. The binding judgment of the Hon’ble High Court of Delhi 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 19/09/2026 at 11:44:18 in W.P.(C) 1092/2021 (Rameshwar Jha v. Richmond Global School)….” 5. Mr. Gupta, further states that a perusal of the above-referred paragraph shows that the petitioner has already taken more EWS candidates than required. Therefore, the admissions to the general category were lower than the declared intake. 6. It is also stated that the issue with respect to the admissions in the general category as stated hereinabove has already been adjudicated in the above referred Show Cause Notice dated 18.08.2026. 7. My attention has been drawn to a judgement i.e. Sovereign School v. Directorate of Education, 2013 SCC OnLine Del 3928, wherein this aspect has already been dealt with. 8. The law with regard to Show Cause Notice is clear and this Court in its writ jurisdiction should be reluctant to interdict such a Show Cause Notice. Reliance is placed on Union of India v. Kunisetty Satyanarayana (2006) 12 SCC 28 wherein it has been held that ordinarily a writ petition should not be entertained against a mere show cause notice as it could be premature, since the same does not give rise to any cause of action and does not amount to an adverse order. 9. The contentions as raised by Mr. Gupta, learned counsel, are all available to be taken in response to the above-referred Show Cause Notice dated 18.08.2026. The respondent shall deal with each and every objection of the petitioner, including reliance placed on the judgment of Sovereign School (supra), and thereafter pass a speaking order in accordance with law. 10. It is also clarified that the narration in the said Show Cause Notice dated 18.08.2026 is only factual and the respondent has not pre-judged any 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 19/09/2026 at 11:44:18 issue. 11. Let reply to the said Show Cause Notice be given by the petitioner within three weeks to the respondent and thereafter, personal hearing to be concluded within two weeks. 12. In case any adverse orders are passed, the same shall not be given effect for a period of at least ten days, since the petitioner herein is a running school and it will have serious consequences. 13. The present petition stands disposed of. JASMEET SINGH, J SEPTEMBER 9, 2026/NR 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 19/09/2026 at 11:44:18