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C. HARI SHANKAR
Anuj Kumar Sah Through His Father Amit Sah – Appellant
Versus
Directorate of Education – Respondent
ORDER (Oral)
1. The petitioner, who is a student belonging to the economically weaker sections (EWS), had applied to the Directorate of Education (DoE) for admission to the Nursery/Pre-School class in the academic year 2021-2022.
2. The DoE held a computerized draw of lots, on the basis of which the petitioner was allotted admission to the Respondent 2 School ("the School", hereinafter) in the Nursery/Pre-School class in 2021-2022.
3. The case of the petitioner is that, when he approached the School, the School declined to admit him despite the outcome of computerized draw of lots conducted by the DoE.
4. The petitioner, after over a year of having been informed that he was selected for admission to the Nursery/Pre-School in the School, addressed a representation on 13 December 2022 to the Deputy Director of Education.
5. It is only after the 2022-2023 academic session was also over that the petitioner approached this Court praying for issuance of a writ of mandamus to the School to admit the petitioner in the academic session 2023-2024.
6. By order dated 20 December 2023, this Court directed the School to grant provisional Nursery/Pre-School admission to the petitioner.
7. The academic y
The specific application, shortlisting, and allocation process by the Directorate of Education are essential for EWS student admissions, and without these, there is no enforceable right to seek admis....
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 entitlement to the benefit of previous judgments is subject to the convincing argument and consideration of the circumstances, including the rejection of applications and the absence of stays of ....
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 court's decision was influenced by the Right of Children to Free and Compulsory Education Act, 2009, and the agreement of the school to admit Petitioner 1 as an EWS student on humanitarian ground....
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....
The court upheld the necessity of a valid income certificate for admission under the EWS category, emphasizing compliance with educational guidelines.
Court's authority to direct admission in a newly allotted school under the EWS/DG category
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