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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Huzaifa Khan through their Father Quayum Khan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the petition (Para 1 , 2) |
| 2. arguments regarding rte act violations (Para 3 , 4 , 5 , 6) |
| 3. supreme court precedent on the rte act (Para 7 , 8) |
| 4. court's interpretation of applicable laws (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. direction for readmission and examination opportunity (Para 15 , 16) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard the counsel for the petitioner, learned Standing Counsel and Sri P. K. Sinha the counsel for the respondents no. 3 and 4.
2. The present petition has been filed by the petitioners, who are two in number through their father and natural guardian, stating that the petitioner no.1 aged about 11 years is studying at the respondent no.4 school, in Class V and the petitioner no.2 who is aged about 14 years is studying in Class IX. It is stated that both the children are outstanding sportsman and besides pursuing their studies with the respondent no.4 are also pursuing the skills in cricket and they have joined a Cricket Academy at Lucknow. It is stated that, although the petitioners have never been detained in past, have now been detained in the examination held for the session 2024-2025, in respect of the petitioner no.1 and vi
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The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
Unaided minority schools affiliated to central board but accepting state NOC and RTE approval cannot expel students aged 6-14 for fee non-payment before elementary education completion; limited to la....
Right to education under Art. 21-A and S.16 prohibits holding back a child in any class till completion of elementary education.
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