Private schools can't deny admission to EWS kids included by State in RTE Act list: Allahabad High Court

The Allahabad High Court recently observed that private schools cannot deny admission to the children belonging to the weaker sections or disadvantaged groups once the government has included them in the list prepared under the Right of Children to Free and Compulsory Education Act, 2009..Justice Alok Mathur added that the school has no power to sit in appeal over the list sent by the government for admission of children to it.Once a list is sent by the State, the schools should immediately grant admission to the child as no right has been reserved for denial of admission by the institution, the single-judge ruled.“The aspect of scrutinizing the applications and selecting the students for admission has been tasked to the authority as provided for under the RTE Act, 2009 and Rules made thereunder and once a list is sent to the school, the schools have no option except to give admission to the said child,” the Court said..In this regard, it referred to Rule 8 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011.“The language of Rule 8 in this regard is very clear wherein it is provided that it shall be binding for the schools to follow the process of admission prescribed by the State Government from time to time,” the Court said.The Court also commented on the responsibility of private schools in elementary education.“It is the responsibility of the Private Unaided Schools to participate in nation building exercise by providing equal opportunity of education to disadvantaged children through affirmative action as prescribed in RTE Act, 2009. It is a general rule that welfare and beneficial legislation require substantial compliance and must be interpreted in favour of the disadvantaged. The school cannot deny admission on trivial issues that do not hamper the root of the eligibility criteria innately,” Justice Mathur said..The Court was hearing a matter in which a 4-year-old was denied admission by a private school in Lucknow on the ground that only students living in the neighbourhood are to be given admission under the quota.It was also submitted that there were other defects in the form submitted by the student and that her parents’ income was such that she could not have been included in the list.The Court, however, rejected the objections and said even if the school had any doubt about the child’s eligibility, it could not have denied her admission..If it had any grievance, the same should have been raised before the authorities, it added. In the interregnum period, the Court said school should not wait for the outcome of its complaint. “Merely because respondent no.5 is of the opinion that the petitioner may not be eligible, does not entitle them to decline admission. No provision could be shown by the counsel for the respondents no.5 and 6 which enables them to deny admission in case they are of the view that certain conditions are not fulfilled by the candidates to whom the school has been allotted,” it said.The Court thus directed the school to forthwith complete the formalities for admission of the student and said she be allowed to attend the classes.It also imposed costs of ₹3,000 on the school for forcing the child’s parents to move the Court. .Advocate Rama Kant Dixit represented the petitionerAdvocate Samanvya Dhar Dwivedi represented the school.[Read Judgment]