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MINI PUSHKARNA
Miss Avani Shukla Through Father Mr. Alok Shukla – Appellant
Versus
Apeejay School Sheikh Sarai – Respondent
JUDGMENT
Mini Pushkarna, J. By way of the present writ petition, father of the petitioners is seeking admission of his children to respondent No.1 school situated in Sheikh Sarai, on the ground that the petitioners reside at Badarpur Saurabh Vihar and the school bus of respondent No.1 school situated at Sheikh Sarai, drops students at merely 100 meters of their residence.
2. Petitioner No.1 is studying in Class-6 in the current academic session 2023-2024 in Saket Branch of the school, i.e., respondent No.2. She is seeking transfer from respondent No.2 school, i.e., Saket Branch to respondent No.1 school, i.e., Sheikh Sarai Branch. Petitioner No.2, who is younger brother of petitioner No.1, is seeking admission in respondent No.1 school, i.e., Sheikh Sarai Branch in Class-2 in the current academic session 2023-2024. The present petition was filed in April 2022, seeking transfer of petitioner No.1 from Saket Branch to Sheikh Sarai Branch in Class-5 at that point of time. Similarly, admission of petitioner No.2 was sought in the Sheikh Sarai Branch of the school to Class-1 in the academic session 2022-2023.
3. As per the facts detailed in the petition, parents of petitioner No.1 plan
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.
Private unaided schools possess the autonomy to determine admission criteria, and the explicit refusal of sibling points based on the definition of 'sibling' adheres to constitutional standards of fa....
Admission criteria must be reasonable, rational, and non-discriminatory, and schools have the autonomy to devise criteria but must adhere to principles of fairness and equity.
The main legal point established in the judgment is the entitlement of siblings to points under the 'sibling category' for admission in a recognized private un-aided school, emphasizing the importanc....
The use of Kahcharie/Shamilat land for private schools is illegal, and amendments to education rules are prospective, requiring schools to operate on proprietary land.
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