HIGH COURT OF JUDICATURE AT ALLAHABAD Khwaja Asher (Minor) Khwaja Shamshad Ahmad .....Petitioner(s)

Versus State Of U.P. And 4 Others .....Respondent(s)

Counsel for Petitioner(s) : Khwaja Shamshad Ahmad Counsel for Respondent(s) : C.S.C., Dharam Raj A.F.R Court No. - 38 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Khwaja Shamshad Ahmad, Petitioner representing Khwaja Asher (minor) and Shri Vaibhav Tripathi, learned Standing Counsel for the State-respondents.

2. The present writ petition has been filed seeking issuance of a writ of mandamus commanding the respondents to admit the petitioner in Class Nursery under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'Act, 2009'). For ready reference, Section 12(1)(c) of the Act, 2009 is reproduced below:

"12. Extent of school's responsibility for free and compulsory education.—(1) For the purposes of this Act, a school,—

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and pro