Case Note & Summary
The petitioner, a minor child through his father, filed a writ petition seeking a direction to grant admission to KG-I in respondent No.2 School under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The petitioner had applied for admission under the RTE Act for the academic year 2025-26 and was provisionally allotted the school. During physical verification of the residential address furnished in the online application, the verification team found that the house mentioned did not exist. Consequently, the school rejected the admission. The petitioner challenged this rejection. The court considered the issue of whether the petitioner is entitled to admission when the address was false. The court noted that the RTE Act requires truthful declarations and that the school's verification process was proper. The court dismissed the petition, holding that the petitioner cannot claim admission based on a false address. The decision was pronounced on 03.07.2026 by a division bench of the Bombay High Court at Nagpur.
Headnote
A) Right to Education - Admission under RTE Act - False Declaration - Right of Children to Free and Compulsory Education Act, 2009 - The petitioner sought admission for his child under the RTE Act but furnished a residential address that was found non-existent during physical verification. The court held that the school was justified in rejecting the admission as the declaration was false, and the petitioner cannot claim benefit of the Act based on a false address. (Paras 2-5)
Issue of Consideration
Whether the petitioner is entitled to admission under the RTE Act when the residential address furnished in the application was found to be non-existent during physical verification.
Final Decision
The writ petition is dismissed. The court held that the school was justified in rejecting the admission as the declaration of address was false.
Law Points
- Right to education
- False declaration
- Admission under RTE Act
- Physical verification
- Duty of parents to provide correct information
