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.

ORDER :

Anita Sumanth, J.

1. The petitioner in W.P.No.14910 of 2024 is the father of one D.Lidharshana and the petitioner is W.P.No.14913 of 2024 is the father of one Sinamika Elango. Lidharshana and Sinamika are referred to as 'child' or collectively, as 'children'. They seek a mandamus directing the respondents, being the authorities of the Education Department of the State of Tamil Nadu/R1 to R3, and R4, being N.G.R.A. Nursery and Primary School, Coimbatore (W.P.No.14910 of 2024) and Kalaivani Matriculation School, Coimbatore (W.P.No.14913 of 2024) to admit the children to Lower Kindergarten under the RIGHT TO CHILDREN TO FREE AND COMPULSORY EDUCATION ACT , 2009 (in short 'RTE Act').

2. Both the children belong to the Scheduled Caste (Arunthathiyar) Community and come under the category of 'child belonging to disadvantaged group'. The petitioners had applied for admission in R4 school online on 04.05.2024 vide application No.1727589 (W.P.No.14910 of 2024) and 8702905 (W.P.No.14913 of 2024) seeking benefit under Section 2(d) of the RTE Act.

3. Both the applications have come to be rejected by respective R4 schools on the ground that their residences were situated beyond one kilometre from the schools. The rejection was reflected in lists that was put up on 28.05.2024 (W.P.No.14910 of 2024) and 29.05.2024 (W.P.No.14913 of 2024). The petitioners have not challenged the same, but, in the facts and circumstances of the case, this Court believes that the prayer for mandamus would suffice to espouse the relief sought.

4. The petitioners state that 25% of the total seat capacity to be filled under RTE is 14 seats in R4 school in W.P.No.14910 of 2024 and 15 seats in R4 school in W.P.No.14913 of 2024. Hence there are sufficient vacancies in the respective schools for the present academic year under RTE quota.

5. Mr.Lakshmi Narayan, learned counsel for the petitioners relies on the following decisions in support of their prayer:

i) Lakshmanan Vs. The Chief Educational Officer and others , W.P. No. 717 of 2023 dated 07.12.2023

ii) A. Gopal Vs. The District Educational Officer and another , W.P. (MD) Nos. 12153 & 12472 of 2022 dated 26.07.2022

iii) Federation of Public Schools Vs. Government of NCT of Delhi , 2012 SCC Online Del 613

iv) Amol Vasantrao Patil and Ors. Vs. Bhartiya Vidya Bhavan's Lloyds Vidya Niketan, Bhugaon and Ors. 2017 SCC Online Bom 6752

6. At the hearing on 14.06.2024, the submissions of both parties as well as the relevant facts have been captured as follows:

Read this order in conjunction with and in continuation of order dated 07.06.2024, wherein I have directed learned counsel for R1 to R3 to obtain the details of the seats filled under the Right to Education Act, 2009 (in short 'RTE Act') by R4 schools for the last two years as well as the present year.

2. The following details have been supplied by learned counsel for R1 to R3.

Details submitted regarding admissions made under 25 of in RTE Act 2009 in 4^th respondent school for the period 2022-2024.