Case Note & Summary
The petitioners, guardians of seven minor children, filed a writ petition under Article 226 of the Constitution of India seeking admission of their wards to respondent no.1 school, a non-aided pre-primary school, under the 25% quota reserved for children belonging to weaker sections and disadvantaged groups as per Section 12(1)(c) of the Right to Education Act, 2009. The petitioners had participated in the online admission process conducted by the education authorities, and their children were allotted to respondent no.1 school. However, the school refused admission on the ground that the children were not from the neighbourhood. The school had admitted only seven out of thirty seats under the quota. The court noted that the neighbourhood criterion is not a condition under Section 12(1)(c) and that the school's refusal was unjustified. The court directed the school to admit the petitioners' wards within one week and to comply with the statutory provisions. The petition was allowed with no order as to costs.
Headnote
A) Right to Education Act - 25% Quota Admission - Neighbourhood Criteria - Section 12(1)(c) of the Right to Education Act, 2009 - The court considered whether a non-aided school can refuse admission to children selected through the online process for the 25% reserved seats on the ground that they are not from the neighbourhood. The court held that the neighbourhood criterion is not a valid ground for refusal under Section 12(1)(c) as the provision mandates admission of children belonging to weaker sections and disadvantaged groups without reference to neighbourhood. The school's objection was overruled, and the court directed admission of the petitioners' wards. (Paras 1-6)
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The court exercised its writ jurisdiction to enforce the statutory right of children to free and compulsory education under the Right to Education Act, 2009, directing the school to admit the petitioners' wards. (Paras 1-6)
Issue of Consideration
Whether a non-aided school can refuse admission to children belonging to disadvantaged groups under the 25% quota reserved under Section 12(1)(c) of the Right to Education Act, 2009, on the ground that they are not from the neighbourhood.
Final Decision
The court allowed the writ petition, directing respondent no.1 school to admit the petitioners' wards within one week. The court held that the neighbourhood criterion is not a valid ground for refusal under Section 12(1)(c) of the Right to Education Act, 2009. Rule made absolute with no order as to costs.
Law Points
- Right to Education Act
- 2009
- Section 12(1)(c)
- neighbourhood criteria
- 25% quota for disadvantaged groups
- non-aided schools
- online admission process
- Article 226 of Constitution of India
Case Details
2017 LawText (BOM) (07) 218
Writ Petition No. 2303 of 2017
B.P. Dharmadhikari, Rohit B. Deo
Mr. S.K. Bhoyar for petitioners, Mr. M.G. Bhangde (Senior Counsel) with Mr. R.M. Bhangde for respondent nos. 1 & 2, Mr. P.D. Meghe for respondent no.3, Mr. A.M. Kadukar (A.G.P.) for respondent nos. 4 & 5
Amol Vasantrao Patil, Smt. Shipra Viktuprasad Lokhande, Vijay Narayanrao Dhobale, Prafula Shankarrao Dhobale, Ghanshyam Govindrao Dorle, Prakash Shankarlal Chaudhari, Shyam Namdeorao Kolhe
Bhartiya Vidya Bhavan's Lloyds Vidya Niketan, Smt. Kirti Mishra, Education Officer (Primary), Director of Education (Primary), State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking admission of minor children to a non-aided school under the 25% quota for disadvantaged groups.
Remedy Sought
The petitioners sought a writ directing the respondents to admit their wards in respondent no.1 school under the 25% reserved seats.
Filing Reason
The school refused admission to the petitioners' children on the ground that they were not from the neighbourhood, despite being selected through the online admission process.
Issues
Whether a non-aided school can refuse admission to children selected under the 25% quota under Section 12(1)(c) of the Right to Education Act, 2009, on the ground that they are not from the neighbourhood.
Submissions/Arguments
Petitioners argued that their children were selected through the online process and the school's refusal on neighbourhood grounds is illegal.
Respondent school argued that the children were not from the neighbourhood and hence admission could be refused.
Ratio Decidendi
Under Section 12(1)(c) of the Right to Education Act, 2009, a non-aided school is required to admit children belonging to weaker sections and disadvantaged groups to the extent of 25% of its strength. The provision does not impose a neighbourhood condition, and the school cannot refuse admission on that ground. The online admission process conducted by the education authorities is binding on the school.
Judgment Excerpts
It is not in dispute that the petitioners have participated in online admission process for admission to 25% reserved seats in various such nonaided or permanently unaided nonminority schools and as per list displayed by respondent no.4, respondent no.3 has attempted to admit them in respondent no.1 school.
Respondent no.1 school has refused to admit them on the ground that they are not from neighbourhood.
The neighbourhood criterion is not a valid ground for refusal under Section 12(1)(c) of the Right to Education Act, 2009.
Procedural History
The petitioners filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, seeking admission of their wards to respondent no.1 school under the 25% quota. The court heard the parties and delivered the judgment on July 13, 2017.
Acts & Sections
- Right to Education Act, 2009: Section 12(1)(c)
- Constitution of India: Article 226
