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ANITA SUMANTH
Krishnaveni – Appellant
Versus
Director (Private Schools), Directorate of Private Schools, College Road, Chennai – 6 – Respondent
ORDER :
(Anita Sumanth, J.) :
(Prayer in W.P.No.17088 of 2024 : Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining the order passed by the 4th respondent dated 28.05.2024 and quash the same consequently directing the 5th respondent to admit the petitioner’s son namely Enbarasan M.K in application No. 4935273 in L.K.G. for the academic year 2024 – 2025.)
This batch of seven writ petitions have been filed by the parents of seven children who seek admission to lower kindergarten in R5 school i.e., Sri Rajendra Nursery and Primary School, Selavadai Village, Doramangalam Post, Omalur Taluk, Salem District.
2. When the matter had come up for hearing on 28.06.2024, the following order was passed:-
2. Notice through Court as well as privately to R5, returnable 08.07.2024. Proof of service be placed on file.
3. Since the last date for admission of the children to LKG (!) is 30.06.2024, counter will be filed by the respondents on or before 05.07.2024 wit
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.
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 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 upheld administrative decisions on school relocations, clarifying the ambiguity of 'neighborhood' under the Right to Education Act, asserting no violation occurred.
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.
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