Master Kavish v. Modern Public School & Anr.

1. The petitioner is a child belonging to the Economically Weaker Section (EWS), who qualifies as a “child belonging to weaker section” within the meaning of Clause (e) in Section 21 of the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act).

2. The Respondent 1 school satisfies the definition of “school” within the meaning of Section 2(n)(iv)2 of the RTE Act. (e) “child belonging to weaker section” means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification; (n) “school” means any recognised school imparting elementary education and includes—

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the

1. The petitioner applied with the Directorate of Education (DoE) in 2023 for admission to Class I for the year 2023-2024. A computerised draw of lot was conducted by the DoE, pursuant to which the petitioner was allotted Class I in the Respondent 1 school. As the respondent-school refused to admit the petitioner, the petitioner instituted the present writ petition, seeking a writ of mandamus, directing the respondent-school to admit the petitioner.

2. Initially, while issuing notice, this Court had, on 11 October 2023, directed the respondent-school to grant provisional admission to the petitioner in Class I for the academic year 2023-24 in the EWS category.

3. That order was, however, subsequently modified by order dated 19 October 2023 with a direction to the DoE to allot the petitioner to a different school keeping in mind the neighbourhood criterion of the preference set out in the application made by the petitioner.

4. It is an admitted position that, in compliance with the said directions, the petitioner stands admitted to Jyoti Model Senior Secondary School, which is in the neighbourhood, and is one of the schools which was selected by the petitioner at the time of applying as an EWS candidate. The Jyoti Model Senior Secondary School has also regularised the admission of the petitioner and the petitioner is, therefore, studying with the Jyoti Model Senior Secondary School as appropriate Government or the local authority; an EWS candidate as of date.

5. In that view of the matter, the prayer in this writ petition does not survive for consideration.

6. The petition is accordingly disposed of.

7. Needless to say, the petitioner would be entitled to all benefits to which an EWS student is entitled, from the Jyoti Model Senior Secondary School.

C. HARI SHANKAR, J.