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2012 Supreme(Del) 2049

D.MURUGESAN, RAJIV SAHAI ENDLAW
Jatin Singh – Appellant
Versus
Kendriya Vidyalaya Sangathan – Respondent


Advocates Appeared:
For the Petitioner:Ashok Agarwal along with Khagesh B. Jha & Ms. Nisha Tomar, Advocates.
For the Respondent:S. Rajappa along with H. Jayaraman & R1 -Dr. Puran Chand, Rajeeve Mehra, ASG along with Neeraj Chaudhari & Sumeet Pushkarna, CGSC, Ravjyot Singh & Gaurav Sharma, for UOI, V.C. Jha along with R3 Ms. Sonia Sharma, Advocates.

JUDGMENT

D. MURUGESAN, J.

1. The following short but an important question arises for our consideration and a decision:

“Whether the school falling under the definition of Section 2(n) of the Right of Children to Free and Compulsory Education Act, 2009 could apply the rule of reservation and allot a specified number of seats to Scheduled Caste and Scheduled Tribe candidates out of 25% of the seats reserved for children belonging to economically weaker section and disadvantaged group under Section 12(1)(c) of the said Act.”

2. Both the writ petitions get disposed by this common order. For appreciation of issues raised, we refer to the facts culled out from the petition in WP(C) No.4194/2011. The petitioner‘s father applied on 08.3.2011 for admission of the petitioner in Class-I in Kendriya Vidyalaya School (hereinafter referred to as =School‘) as against 25% of the seats earmarked for the children belonging to economically weaker section and disadvantaged group for free and compulsory elementary education in terms of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as =the Act‘) for the Academic Year 2011-12. He was denied

































































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