Case Note & Summary
The petitioner, Ashish Patel, father of Master Rasesh Patel, filed a writ petition under Article 226 of the Constitution of India seeking directions to respondent nos. 1 and 2 (Edubridge International School and Chankya Gyan Kendra) to grant admission to his son in Standard I as per the allotment letter issued under the Right to Education Act, 2009. The petitioner's son was diagnosed with autism and issued a disability certificate by Nair Hospital on 16 October 2018. In 2019, the petitioner applied for online admission under the RTE Act. On 10 April 2019, respondent nos. 3 and 4 (State authorities) issued a letter of allotment granting admission to the petitioner's son in respondent no.1 school for Standard I English Medium. The allotment letter required document verification between 11 April 2019 and 26 April 2019. On 11 April 2019, the competent authority informed the school to grant admission after verifying documents. However, the school refused admission. The petitioner then approached the Maharashtra State Commission for Protection of Child Rights, which on 14 October 2019 wrote to the Education Inspector drawing attention to the provisions of the RTE Act. Despite this, the school did not comply. The petitioner filed the present writ petition. The court considered the submissions of the petitioner's counsel, Mr. C.R. Sadasivan, and the respondents' counsel. The court noted that the allotment letter was issued by the competent authority and the school was bound to grant admission. The court held that the school cannot refuse admission to a child with disability who has been allotted a seat under the RTE Act. The court directed respondent nos. 1 and 2 to grant admission to the petitioner's son forthwith for the academic year 2021-22, and if not possible, for the next academic year. The court also directed the State respondents to ensure compliance and file a compliance report. The petition was disposed of with these directions.
Headnote
A) Right to Education Act - Admission of Disabled Child - Section 12(1)(c) - Allotment Letter - The petitioner's son, a child with autism, was allotted a seat in respondent no.1 school under the RTE Act. The school refused admission. The Court held that the school is bound to grant admission as per the allotment letter issued by the competent authority, and the school cannot refuse admission on any ground. (Paras 2-10)
B) Child Rights - Protection of Rights - Maharashtra State Commission for Protection of Child Rights - The Commission's letter to the Education Inspector highlighted the school's obligation. The Court directed the school to admit the child forthwith and also directed the State to ensure compliance. (Paras 5-10)
Issue of Consideration
Whether a private unaided school can refuse admission to a child with disability who has been allotted a seat under the Right to Education Act, 2009 by the competent authority.
Final Decision
The court directed respondent nos. 1 and 2 to grant admission to the petitioner's son, Master Rasesh Ashish Patel, in Standard I for the academic year 2021-22, and if not possible, for the next academic year. The court also directed respondent nos. 3 and 4 to ensure compliance and file a compliance report within four weeks.
Law Points
- Right to Education Act
- 2009
- Section 12(1)(c)
- disability
- autism
- admission
- allotment letter
- school's obligation
- child rights
Case Details
2021 LawText (BOM) (08) 23
WRIT PETITION NO. 624 OF 2021
R. D. Dhanuka, R. I. Chagla
Mr. C.R. Sadasivan, Mr. Anup Dhannawat for Petitioner; Mr. Pradeep Bakhru, Ms. Upasana Vasu for Respondent Nos. 1 and 2; Mr. Milind More, Additional Government Pleader for Respondent Nos. 3 and 4
Ashish Patel (Father of Master Rasesh Patel)
Edubridge International School, Chankya Gyan Kendra, State of Maharashtra, Education Inspector
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to school to grant admission to a child with disability under the Right to Education Act, 2009.
Remedy Sought
Petitioner sought order and directions against respondent nos. 1 and 2 to forthwith grant admission to his son, Master Rasesh Ashish Patel, as per the allotment letter issued by the competent authorities under the Right to Education Act, 2009 in Standard I during the academic year 2020-21 or 2021-22.
Filing Reason
The respondent school refused to grant admission to the petitioner's son despite an allotment letter issued by the competent authority under the Right to Education Act, 2009.
Previous Decisions
The petitioner made a representation to the Maharashtra State Commission for Protection of Child Rights, which wrote to the Education Inspector on 14 October 2019, but the school still did not grant admission.
Issues
Whether the school is bound to grant admission to a child with disability who has been allotted a seat under the Right to Education Act, 2009 by the competent authority.
Whether the school can refuse admission on any ground after the allotment letter is issued.
Submissions/Arguments
Petitioner argued that the allotment letter was issued by the competent authority and the school is bound to grant admission under the RTE Act.
Respondent school argued that the petitioner did not verify documents within the stipulated time and that the school had no obligation.
Ratio Decidendi
A school cannot refuse admission to a child with disability who has been allotted a seat under the Right to Education Act, 2009 by the competent authority. The allotment letter is binding on the school, and the school must grant admission forthwith.
Judgment Excerpts
By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for an order and directions against the respondent nos. 1 and 2 to forthwith grant admission to his son, Master Rasesh Ashish Patel as per the allotment letter issued to the petitioner by the competent authorities under the Right to Education Act, 2009 in Standard I during the academic year 2020-21 or 2021-22.
It was clearly provided that the applicant was to verify the documents before the committee between 11th April, 2019 to 26th April, 2019.
Procedural History
The petitioner applied for online admission under the RTE Act in 2019. On 10 April 2019, the competent authority issued an allotment letter. The school refused admission. The petitioner approached the Maharashtra State Commission for Protection of Child Rights, which wrote to the Education Inspector on 14 October 2019. No compliance followed. The petitioner then filed the present writ petition on an unspecified date. The petition was heard and disposed of on 5 August 2021.
Acts & Sections
- Right to Education Act, 2009: Section 12(1)(c)
- Constitution of India: Article 226
