Case Note & Summary
The case involves two young students, aged 6 and 7, who were admitted to schools under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) through a lottery system. Their applications were submitted before the cut-off date, and their documents were verified by the Competent Committee. Despite this, the Block Development Officer (Respondent No.5) cancelled their admissions on 14/08/2024. The petitioners challenged this cancellation. The court examined the Circular dated 16/05/2024 issued by the Directorate of Primary Education, Maharashtra, particularly Clauses 4 and 10, which outline the admission process. Clause 4 deals with the lottery and verification by the Scrutiny Committee, while Clause 10 specifies that after verification, the Education Officer (Primary) handles cancellations and grievances, not the Block Development Officer. The court found that the Block Development Officer had no power to cancel admissions and acted illegally and high-handedly. The court quashed the impugned order, confirmed the admissions, and imposed costs of Rs.7500 each on the officer, payable from his salary account.
Headnote
A) Education Law - Right to Education - Admission Cancellation - Power of Block Development Officer - Right of Children to Free and Compulsory Education Act, 2009 - Circular dated 16/05/2024, Clauses 4 and 10 - The Block Development Officer cancelled admissions of two young students despite having no power under the Circular. The court held that the cancellation was illegal, unjustified, and high-handed, and quashed the order, confirming the admissions and imposing costs of Rs.7500 each on the officer (Paras 2-11).
Issue of Consideration
Whether the Block Development Officer has the power to cancel the admissions of students already confirmed by the Competent Committee under the RTE Act, 2009.
Final Decision
Writ Petition allowed. Impugned order dated 14/08/2024 quashed and set aside. Admissions of both petitioners confirmed. Respondent No.5 to pay costs of Rs.7500 each to the petitioners, payable from his salary account by 30/09/2024.
Law Points
- Block Development Officer lacks power to cancel admissions under RTE Act
- 2009
- Circular dated 16/05/2024
- Clauses 4 and 10
- Right of Children to Free and Compulsory Education Act
Case Details
2024 LawText (BOM) (9) 52
Writ Petition No. 9565 of 2024
Ravindra V. Ghuge, Y. G. Khobragade
Mr M. B. Kolpe (for Petitioners), Mr S. R. Wakale (A.G.P. for Respondent Nos.1 to 3), Mr B. B. Bhise (for Respondent No.5)
Pradhummam Balasaheb Wadwale (minor through father Balasaheb Baburao Wadwale) and another
The State of Maharashtra through Principal Secretary and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging cancellation of admissions of two young students under the RTE Act, 2009.
Remedy Sought
Quashing of the order dated 14/08/2024 cancelling admissions and confirmation of admissions.
Filing Reason
Block Development Officer cancelled admissions of petitioners despite being confirmed by Competent Committee.
Previous Decisions
Admissions were confirmed by the Competent Committee after lottery and document verification; Block Development Officer cancelled them on 14/08/2024.
Issues
Whether the Block Development Officer has the power to cancel admissions under the RTE Act, 2009 and the Circular dated 16/05/2024.
Submissions/Arguments
Petitioners argued that the Block Development Officer had no power to cancel admissions as per Clauses 4 and 10 of the Circular dated 16/05/2024.
Respondent No.5 argued that the admissions were done in consonance with the Circular, but conceded that Clauses 4 and 10 do not give him power to cancel.
Ratio Decidendi
The Block Development Officer has no power to cancel admissions of students under the RTE Act, 2009, as per the Circular dated 16/05/2024. Any such cancellation is illegal and high-handed.
Judgment Excerpts
Though no power is vested in the Block Development Officer, Respondent No.5 herein, he cancelled the admission of both these Petitioners, illegally, unjustifiably and high-handedly.
For the unauthorized, unjustified and high-handed impugned action, Respondent No.5/Block Development Officer, Panchayat Samiti, Dharashiv, shall pay costs of Rs.7500/- to each of these Petitioners.
Procedural History
Petitioners filed Writ Petition No. 9565 of 2024 before the Bombay High Court, Aurangabad Bench, challenging the cancellation of their admissions by the Block Development Officer. The court heard arguments on 4th and 5th September 2024 and delivered final order on 5th September 2024.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009:
