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ARUN BHANSALI, VIKAS BUDHWAR
Master Arjeet Pratap Singh – Appellant
Versus
State Of U. P. , Through Its Principal Secretary, Department Of Basic Education – Respondent
JUDGMENT :
1. Heard Shri Rajat Aren, learned counsel for appellant-writ petitioner, Shri Ramanand Pandey, learned Standing Counsel for Respondent Nos. 1 to 4 and Shri Abrar Ahmad, counsel for Respondent No. 5.
2. This intra court appeal is against the judgment and order dated 02.04.2024 passed in Writ-C No. 9514 of 2024 (Master Arjeet Pratap Singh v. State of U.P. and 4 Others) whereby though the order dated 26.02.2024 of Block Education Officer, Block-Moradabad, Moradabad denying the admission of the writ petitioner in Pre-Nursery Class in Aryans International School, Plot No. 2 Majholi Road, Budhdhi Vihar, Moradabad for the academic sessions 2024-25 was set aside, however, instead of ordering for admission, a direction was issued to consider the application form of the appellant-writ petitioner in the institution in question after consideration of all the applications of ward no. 16.
3. The case of the appellant-writ petitioner as projected before the learned Single Judge was that the appellant-writ petitioner, Master Arjeet Pratap Singh born on 23.03.2020 is a minor within the meaning of Section 3 of the Indian Majority Act, 1875 who is the resident of ward no. 15, District-Moradab
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 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 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....
The Right of Children to Free and Compulsory Education Act, 2009 guarantees every child's right to education, and administrative decisions regarding admission must be based on clear and justifiable g....
The main legal point established in the judgment is the entitlement of siblings to points under the 'sibling category' for admission in a recognized private un-aided school, emphasizing the importanc....
The failure to comply with directives issued by the Education Department prior to obtaining minority status cannot condone default in admitting students under the Right to Education Act, 2009.
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