Illegality in Admission Cancellation Quashed by Court. Block Development Officer's unauthorized action set aside; Students' admissions confirmed under RTE Act.


Summary of Judgement

The High Court quashed an illegal order by the Block Development Officer (BDO), Dharashiv, who canceled the admissions of two students without authority. The Court confirmed the admissions of the students, aged 6 and 7, under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and ordered the BDO to pay compensation to the affected students for unjustified actions.

  1. Deletion of Respondents: The Court ordered the deletion of Respondent Nos. 6 and 7.

  2. Cancellation of Admissions by BDO: Respondent No.5, the Block Development Officer, canceled the admissions of two young students to Sahyadri International School and Abhinav English School, Dharashiv, without authority.

  3. Court Questions BDO's Authority: The Court questioned the source of power that allowed the BDO to cancel these admissions, confirmed by the Competent Committee.

  4. Reference to Government Circular: The learned Advocate for the BDO cited a Circular dated 16/05/2024, arguing that the admissions were governed by the same. Clauses 4 and 10 of the Circular clarified that the BDO did not have the power to cancel admissions.

  5. Admission Process under RTE Act: The admission process for the two students, who belonged to the Economically Weaker Section, was carried out through a lottery system as per Clause 4 of the Circular. All necessary documents were verified, and admissions were confirmed under the RTE Portal.

  6. Court Findings: The Court found that the BDO acted illegally, without authority, in canceling the admissions. The students were admitted rightfully under the RTE Act, following all the prescribed procedures.

  7. Compensation Awarded: The Court allowed the Writ Petition, quashed the impugned order, and directed Respondent No.5 to pay Rs. 7,500/- each to the students as costs for the unauthorized and high-handed actions.


Acts and Sections Discussed

  • Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
  • Clauses 4 and 10 of the Circular dated 16/05/2024 by the Directorate of Primary Education, Maharashtra Government

Ratio Decidendi

The Block Development Officer (BDO) acted beyond the scope of his authority in canceling the admissions of the Petitioners, which were already confirmed by the Competent Committee under the RTE Act. Clauses 4 and 10 of the Circular clearly state that the BDO does not have the power to cancel admissions once confirmed. The court emphasized adherence to the prescribed statutory process and the protection of rights under the RTE Act.

Subject: Right to Education, Administrative Law, Admission Cancellation, Judicial Review, Block Development Officer, Economically Weaker Section, Right to Education

The Judgement

Case Title: PRADHUMMAN BALASAHEB WADWALE, U/G FATHER BALASAHEB BABURAO WADWALE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS

Citation: 2024 LawText (BOM) (9) 52

Case Number: 905 WRIT PETITION NO. 9565 OF 2024

Date of Decision: 2024-09-05