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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Dinesh Biwaji Ashtikar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. importance of admitting disadvantaged children (Para 1 , 2) |
| 2. need for procedural and regulatory clarity (Para 3) |
| 3. issues in implementing section 12 (Para 4) |
| 4. constitutional foundation of education rights (Para 5 , 6 , 7 , 8) |
JUDGMENT
2. We need not refer to the detailed facts of the case as by the time our attention was drawn to this special leave petition, the time within which effective relief could be granted to the petitioner had long passed. The petitioner had approached a ‘neighbourhood school’ for admitting his children for free and compulsory elementary education way back in 2016. It is his case that, even though information through RTI indicated that seats were available, the neighbourhood school did not respond. Therefore, he was compelled to approach the High Court by filing a writ petition under Article 226 of the Constitution. However, by the order impugned before us, the High Court turned back the petitioner on the ground that, “the petitioner had failed to take up appropriate steps to admit his kids in the free education quota, the petitioner must blame himself.” The “appropriate steps” that the High Court was referring to pertained to the alleged
The obligation of neighborhood schools to admit 25% of children from weaker sections under the Right to Education Act is a constitutional mandate that requires effective implementation through enforc....
Neighbourhood schools must immediately admit State-forwarded students from weaker/disadvantaged groups under 25% RTE quota without eligibility review or delay, though representations permitted.
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
The court's decision was based on the implementation of the Standard Operating Procedure (SOP) as per the provisions of the Right to Education Act, 2009.
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