- (1.) The present revision petition has been preferred against the order dated 04.11.2015 passed by the learned Civil Judge (Jr. Division), Gurgaon, whereby the application filed by plaintiffrespondent no.1 under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'C.P.C') has been allowed and the application moved by petitioner has been dismissed. Plaintiffrespondent no.1 was held entitled to be granted admission in Class-VI in the petitioner-defendant no.1 school and the said admission was ordered to be subject to the final outcome of the suit and without any prejudice to the legal rights of either of the parties in any manner. Petitioner has also challenged the Appellate order dated 11.04.2016 passed by the learned Additional District Judge, Gurgaon, vide which the appeal filed by the petitioner against the aforesaid order passed by the learned trial Court has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) As per the case of the plaintiff, he falls under the category of Economically Weaker Section (EWS)/Below Poverty Line (BPL) and is eligible for admission in the petitioner-school in 6th class. He moved an application for admission to the defendants under EWS/BPL for the reserve category. EWS/BPL category certificate was issued by the Competent Authority, Gurgaon and was duly acknowledged by defendants. As per Rule 134-A of the Haryana School Education Rules, 2003 (amended) (for short 'Rules'), defendant no.4, the Block Level Committee held draw for selecting candidates under the reserve category. Plaintiff was found eligible to seek admission under the EWS/BPL category in defendant no.1 school. All the documents submitted by the plaintiff were found to be correct by defendant no.4, the Block Level Committee and his name was recommended for admission to the defendant no.1 school. However, defendant no.1 rejected the claim of the plaintiff and admission was not granted to him on baseless grounds that his documents are forged. Plaintiff approached defendants no. 2 to 4 with a request to direct defendant no.1 school to grant him admission, but of no avail. Hence, he filed the suit seeking a decree for mandatory injunction directing the defendants to give him admission under the reserve category of EWS/BPL as provided under Rule 134-A of the Rules and to honour the guidelines and rules framed under Rule 134-A of the Rules under the provisions of Haryana School Education Act, 1995.;