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MINI PUSHKARNA
Tarun Kumar – Appellant
Versus
Principal Happy Hours School – Respondent
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral):
CM APPL. 30622/2023 (Application filed on behalf of the petitioners under Section 151 of the Code of Civil Procedure for exemption from filing the original/certified copies)
1. Allowed, subject to just exceptions.
2. Application is disposed of. W.P.(C) 7953/2023 & CM APPL. 30623/2023 (Application under Section 151 CPC for Ex-parte directions to the respondent No. 1/school to make provisional admission/to keep two seats vacant for the wards of the petitioners in Class-I herein under EWS/DG Category in the current Session 2023-2024)
3. The present writ petition has been filed with prayer for directions to the respondent No.1 school to grant admission to the petitioners under the Economically Weaker Section (EWS) category/Disadvantaged Group (DG) category in Class - 1. It is the case on behalf of the petitioners that despite being successful in the draw of lots conducted by the Directorate of Education (DOE) and having been allotted the school in question, they have been denied admission.
4. Issue notice. Notice is accepted by ld. Counsels appearing of the respondents.
5. Mr. B.C. Pandey, learned counsel appearin
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.
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 court emphasized the importance of providing education to economically disadvantaged children and upheld the provisions of RTE Act, 2009 in allowing the petition and directing the petitioner chil....
Private unaided schools are obligated to admit children from the economically weaker section and disadvantaged group to the extent of at least 25% of the class strength, as per the provisions of the ....
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 main legal point established in the judgment is that once a school has been allotted by the Department of Education, the school is bound to grant admission to the petitioner under the Disadvantag....
Private unaided schools have the autonomy to devise fair, reasonable, and transparent admission criteria, including the method of calculating distance, and the courts will uphold such criteria if fou....
Court's authority to direct admission in a newly allotted school under the EWS/DG category
Economic standing not a criterion for admission under Disadvantaged Group category.
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