Hon’ble Saumitra Dayal Singh, J.—This writ petition has been filed, seeking a writ of mandamus to the respondents to ensure admission of the petitioner’s male child born on 11.10.2011 (hereinafter referred to as ‘C’), at Maharshi Patanjali Vidya Mandir, Allahabad, claiming under Section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as ‘the Act’).

2. The petitioner has disclosed his address at 102, Suturkhana, (Galla Bazar), Allahabad. He claims to be economically weak, with an annual income of Rs. 48,000/- per annum. Therefore, he claims ‘C’ is “child belonging to weaker section” as defined under Section 2(e) of the Act and entitled to receive “elementary education” defined under Section 2(f) of the Act, at the cost of the State. These facts are not in dispute.

3. The petitioner’s case, in short is, pursuant to an application made by him, the Basic Shiksha Adhikari, Allahabad (hereinafter referred to as BSA) vide his communication dated 11.8.2016 recommended the case of three children including ‘C’, under the provisions of the Act, for admission at Maharshi Patanjali School, Teliyarganj, Allahabad. Admittedly, the said recommendation had been made in writing and was addressed to the Manager “Maharshi Patanjali School, Teliyarganj, Allahabad”.

4. The petitioner then contends, despite his having continuously approached the School Authority for twenty days, ‘C’ was not granted admission at that school. Therefore, he complained in writing to the District Magistrate, Allahabad, in respect of the same. A copy of the same has been annexed to the writ petition.

5. The petitioner then complains, as ‘C’ was not granted admission at Maharshi Patanjali School, despite aforesaid efforts, he filed the present writ petition for the following relief :

“To issue a writ, order or direction in the nature of mandamus directing respondents to ensure admission of the son of petitioner Chaitanya Dev in Maharishi Patanjali Vidya Mandir, Allahabad under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.”

6. In this writ petition Maharishi Patanjali Vidya Mandir has been impleaded by that description, (as respondent No. 4) and effectively, relief has been sought against that respondent.

7. The petitioner relies on the provisions of Section 12 (1) (c) of the Act. He states Maharshi Patanjali Vidya Mandir is a school specified under Section 2 (n) (iv) of the Act being an unaided school. Therefore, petitioner contends, that school is obliged by law to admit ‘C’ who falls under description of “child” as defined under Section 2 (e) of the Act. According to the petitioner, the total number of students admitted to Class 1 by the said school is much higher than four in number and therefore the school has violated the Act by not admitting ‘C’ (one of the three children recommended by the BSA), in accordance with the scheme of the Act which mandates 25% such seats to be filled up by students recommended to the school, under provisions of the Act.

8. Alternatively, he also relies on the proviso to Section 12 (1) of the Act, to submit, in case the child was under age, for admission to class 1, then in view of the aforesaid proviso, the Maharshi Patanjali School should have admitted the ‘C’ in pre-school.

9. This alternative submission has been made in context of language of Section 12(1) of the Act which are quoted herein below :

“12. Extent of school’s responsibility for free and compulsory education :

(1) For the purposes of this At, a school, -

(a) specified in sub-clause (I) of clause (n) of Section 2 shall provide free and compulsory elementary education to all children admitted therein;

(b) specified in sub-clause (ii) of clause (n) of Section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its