IMPORTANT POINT
The Right to Education Act mandates flexible application of distance criteria to ensure access to education for all eligible children.

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:-

“Mr.M.Rajendiran, learned Additional Government Pleader accepts notice for R1 to R4 and seeks some time to obtain instructions and file a counter.

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 with a copy served in advance upon the petitioners.

4. The petitioners will also file affidavits indicating the actual distance from their residence to the school in question prior to 05.07.2024 with a copy served in advance upon the respondents.

5. The counters will be comprehensive and cover apart from all other relevant points, the following points:

i) The distance between the petitioners residences and the school in question.

ii) How many seats have been assigned under Right to Education Act, 2009 (in short 'RTE') in R5 School?

iii) How many applications were received for the present academic year under RTE?

iv) How many children were shortlisted and what is the method of shortlisting of the students?

v) Was a drawal of lots conducted and how many seats have been filled in?

vi) How many other Government Schools are available within one kilometre radius from the petitioners' residence.

5. List on 08.07.2024. Affidavits and counters by then with an advance copy served upon the other side.”

3. The petitioner's have all filed additional affidavits dated 08.07.2024 attesting to the distance between their residence and R5 school as follows:-

The petitioners also confirm that there is no Government school, or for that matter, any other school available between the petitioners' residence and R5 school.

4. Detailed counters have been filed by R2, being the District Educational Officer (Private Schools), Salem District, where the distance between the respective petitioners' residence and R5 school is set out, substantially aligning with the distance, as computed by the petitioners.

5. R2 confirms that ten seats have been assigned under the Right to Education Act, 2009 in R5 school, 31 applications have been received for the present academic year and three candidates have been short-listed. Most importantly, they confirm, at clause 6 of the tabulation that there are no other schools available within 1 kilometer radius from the petitioners' residences. The tabulations set out at paragraph 6 of counters, all dated 04.07.2024, are extracted below:-

W.P.No.17088 of 2024