Block Development Officer cannot cancel RTE admissions: Bombay High Court

The Aurangabad bench of the Bombay High Court recently ruled that a Block Development Officer (BDO) of Panchayat Samiti does not have the authority to cancel admissions granted under the Right of Children to Free and Compulsory Education Act (RTE Act) of 2009 [Pradhumman Balasaheb Wadwale and Anr v. State of Maharashtra]. .The decision came after the BDO of Dharashiv revoked the admissions of two young students who had been admitted to schools under the RTE scheme for the economically weaker sections.The petitioners' children, aged 6 and 7, were admitted to Sahyadri International School and Abhinav English School through an online lottery system mandated by the RTE Act. Their admissions were confirmed following a verification of their documents by the Block Education Committee. Despite this, the BDO cancelled their admissions on August 14..The petitioners contended that the BDO’s actions were unauthorized. They argued that the admissions had been granted following a detailed verification process by the Block Education Committee in accordance with the Circular dated May 16, 2024 issued by the Directorate of Primary Education. This circular specifies the roles and powers of officials in the admission process, making it clear that the BDO does not possess the authority to cancel admissions once confirmed by the Competent Committee..In response, the counsel representing the BDO, argued that the cancellations were made in compliance with procedural requirements.A bench of Justice Ravindra V Ghughe and Justice YG Khobragade found that the BDO's actions were unauthorized and inconsistent with the May 16 circular. Clauses 4 and 10 of the circular clearly suggest that the BDO does not have the power to cancel such admissions once they are confirmed by the competent committee, the Court stated. The petitioners had submitted their application forms before the cut-off date of June 4 and their documents were verified as part of the admission process..As a result, the Court quashed the "unjustifiable' and 'illegal' order of BDO and reinstated both the children. Additionally, the Court ordered the BDO to pay a cost of ₹7,500 each to both the petitioners for the undue hardships caused to them. This amount is to be paid directly to the petitioners by September 30, the Court ordered."For the unauthorized, unjustified and high-handed impugned action, Respondent No.5/Block Development Officer,Panchayat Samiti, Dharashiv, shall pay costs of Rs.7500/- to each of these Petitioners. This amount shall be paid directly to both Petitioners," the order said. . Advocate MB Kolpe appeared for the petitioners.Additional Government Pleader SR Wakale appeared for the State.Advocate BB Bhise represented the Block Development Officer.[Read Order]