HC relief for 6-yr-old denied rte quota admission
MUMBAI, June 13 -- The Bombay High Court on Thursday observed that elementary education is every child's fundamental right and the state is obliged to ensure that children are admitted to school and complete their elementary education.
Granting relief to a six-year-old Scheduled caste (SC) student who was denied admission to class 1 under the Right to Education (RTE) quota over non-submission of a registered leave-and-licence agreement, a division bench of justices RI Chagla and Farhan P Dubash said it "cannot be a silent spectator to the act of the education officer to deny admission to the child in the school".
The court directed the authorities to process the child's application for admission, subject to the outcome of the petition, and asked the state government and the education department to submit their replies within four weeks. The court was hearing a petition filed by the child through his father, challenging the rejection of his application for admission to class 1 under the 25% quota for SC students under the Right of Children to Free and Compulsory Education Act, 2009.
The plea was moved on Thursday, seeking urgent relief as the last date for submission of applications was June 12. The child's father, residing on rent in Airoli for the past 12 years, had submitted documents for his gas connection, passport and savings bank account, reflecting the same rental address. The child's application for admission was initially accepted and a provisional allotment letter was issued on May 15. But on May 28, another letter was issued saying the application had been rejected as the leave and license agreement submitted as address proof was not registered.
The court said the documents showed the family had been staying in Airoli at least since 2021. The school authorities should not have rejected the child's admission solely on the ground of failure to submit a registered leave and license agreement as proof of their residence, the court said....
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