IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY
Nishanth Jaladi S/o Late Prasad Jaladi – Appellant
Versus
Union of India, Rep. by its Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner's request for admission based on rte. (Para 1 , 2) |
| 2. court's observations on admission guidelines and distance. (Para 4 , 7 , 8) |
| 3. arguments on distance criteria for admission. (Para 5 , 6) |
| 4. judicial precedents on admission denial. (Para 10) |
| 5. directives for providing admission under specific conditions. (Para 11) |
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondents in denying admission for 1st Class in P.M. Shri Kendriya Vidyalaya No.2, Vijayawada, Region Hyderabad (RTE Lottery No.18) as illegal and arbitrary and consequently direct the respondents to provide admission to petitioner's son in the aforementioned School.
2. It is the case of the petitioner that he belongs to Scheduled Caste community. He is a daily wage employee working in and around Vijayawada as painter. In response to Online Notification dated 07.03.2025, he applied for admission of his son Nishanth Jaladi in 1st Class in Kendriya Vidyalaya schools of viz. P.M. Shri K.V. Nos.1 and 2 in Vijayawada region. As per the Notification/instructions, up to three choices of KendriyaVidyalayas without any preference be
Rakesh Mahallick v. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Bhubaneshwar & another
The Right to Education Act aims to ensure educational access for underprivileged children, and rigid adherence to distance criteria that denies admission contradicts this purpose.
The Right to Education Act mandates flexible application of distance criteria to ensure access to education for all eligible children.
The right to education under the RTE Act does not guarantee admission to a specific school, and residency criteria based on wards must be clarified by the State.
The criteria for admission under the RTE Act is not rigid; schools must admit eligible children even if they reside beyond prescribed distances, provided vacancies exist.
In cases of admission under the EWS/DG category, schools may not insist upon following the neighbourhood criteria strictly due to the high demand for admission under this category.
The obligation of the Government to provide equal opportunity to all its citizens for education and admission to educational institutions, ensuring fairness and equality in educational policies.
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