A bench of justices Sanjay Kishan Kaul and Vipin Sanghi also sought responses of Directorate of Education (DoE) and Land and Development department to the man's plea and slated it for hearing on September 24.
East Delhi resident Anit Kumar Bahuty in his plea said his son Aniket and daughter Sweta have been "illegally" denied admission by Sanskriti school in classes VI and IV respectively in academic year 2012-13.
"The school is situated on a public land allotted by the L&DO against Rs one only as annual rent with the condition that it will provide admission to the children of economically weaker section to the extent of 25% (of its intake capacity) and grant them free-ship.
"Despite the fact that the school in this academic year has taken 8 fresh admissions in both classes IV and VI but no student under EWS category has been admitted which is illegal and in breach of the conditions for land allotment", said Ashok Agarwal, the counsel for Bahuty.
The petition alleged that the decision of the school was in violation of an earlier judgement of the court and the DoE guidelines which provided for admissions of EWS category students to schools, built on subsidised government land.
The school earlier had taken the plea that the vacancies in class IV and VI were filled by the wards of the government servants who came to Delhi on transfer and there was no vacancy under the EWS category.