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2026 Supreme(Online)(Chh) 11492

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SHRIHAAN UPADHYAY – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/1425/2026



HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1425 of 2026

1 - Shrihaan Upadhyay S/o Shubham Kumar Upadhyay Aged About 7 Years Minor Represented Through His Father Shubham Kumar Upadhyay S/o Late. Vimal Narayan Upadhyay Aged About 37 Years, R/o Vandana Kunj Behind Cement Godown Mopka District- Bilaspur, Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.

3 - District Education Officer District- Bilaspur, Chhattisgarh.

4 - Block Education Officer Block - Bilha District- Bilaspur, Chhattisgarh.

... Respondents Order Sheet

27/03/2026 Mr. Ishan Verma, counsel for the petitioner. Mr. Shobhit Mishra, Dy. Govt. Advocate for the State/ respondents. Mr. Vijay Tandey, District Education Officer, Bilaspur is present in person.

Heard.

Issue notice to the respondents.

Learned counsel for the State accepts notice on behalf of the respondents, hence, issuance of notice to them is dispensed with.

Also heard on IA No.01/2026, application for grant of ad-interim relief/stay.

Learned counsel for the petitioner submits that the petitioner is a Below Poverty Line (BPL) student, who by accessing the online admission portal under the Right of Children to Free and Compulsory Eduction Act, 2009, (for short ‘the Act 2009’), intends to apply for admission in Class- I in Birla Open Minds International School, Mopka, Bilaspur; DAV Public School, Bilaspur and Loyola School, Bilaspur, however, he was not permitted to submit online application form on the said portal on the ground that, as on the cut off date i.e. on 31.03.2026, the petitioner had allegedly exceeded the maximum permissible age limit of 06 years and 06 months. It is contended that there is no upper age limit prescribed under the Act 2009 to get admission in Class-I. Hence, learned counsel for the petitioner submits that the petitioner may be permitted to submit online application form.

Learned counsel for the State has no objection on the aforesaid submission.

Having considered the provisions of the Act 2009, as of now, respondent No.3, who is present in person, is directed to permit the petitioner to submit online application or in alternative, offline application form, within the Digitally signed by BINI BINI PRADEEP PRADEEP Date:

2026.03.27 18:05:04 +0530

Bini prescribed period. List this case in the week commencing 04th May, 2026. Sd/- (Naresh Kumar Chandravanshi) Judge

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