Court No. - 18
Case :- WRIT - C No. - 34793 of 2019 Petitioner :- Km. Namrata(Minor) And 5 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava,Adesh Kumar Dixit Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Ms. Shaheen, Basic Shiksha Adhikari, Hathras; Shri Kapil Lohiya, Manager of Rajendra Lohia Vidya Mandir, Hathras and Mrs. Anjali Mittal, Principal of Rajendra Lohia Vidya Mandir, Hathras, are present in Court.
Shri Dr. Rajesh Tripathi, learned counsel and Shri Ashok Kumar Upadhyay, learned counsel for the respondent no. 3 are present.
Shri Devesh Vikram, learned Standing Counsel on the basis of instructions submits that full and correct disclosure of facts were not made in the writ petition. Names of the petitioners were not part of the list of children who were found entitled to free education under the Right of Children to Free and Compulsory Education Act, 2009. The earlier recommendation made by the BSA, Hathras, was purely on humanitarian grounds. The said recommendation did not confer any right upon the petitioners.
Faced with this Shri Adesh Kumar Dixit, learned counsel for the petitioners tenders an unconditional apology and submits that the complete facts could not be placed before this Court because of some miscommunication with the guardians of the petitioners. The explanation is accepted.
Learned counsel for the petitioner seeks leave to make a fresh application for benefits of free education under the Right of Children to Free and Compulsory Education Act, 2009.
In response, learned Standing Counsel submits that it is always open to the petitioners to take out necessary proceedings as per the procedure prescribed in law for grant of benefits under the Right of Children to Free and Compulsory Education Act, 2009.
Physical classes have already commenced. The children are not being able to pursue their studies. The Basic Shiksha Adhikari, Hathras, who is present in Court gives an undertaking that the petitioners shall be admitted in any government school in District Hathras which is nearest to their residence. The stand of the Basic Shiksha Adhikari, Hathras, is appreciated.
The guardians of the petitioners shall approach the Basic Shiksha Adhikari, Hathras, for admission in any government school. The Basic Shiksha Adhikari, Hathras, shall ensure that the children are admitted to a government school nearest to their residence.
It is open to the petitioners to make an application as per the prescribed procedure for grant of benefits under the Right of Children to Free and Compulsory Education Act, 2009. In case such application is made, the same shall be decided as per law.
The writ petition is disposed of finally.
Order Date :- 20.9.2021 Dhananjai