PRIYANKA RAJKUMAR Vs. BHARATIYA VIDYA BHAVANS

JUDGEMENT

(1.) ON behalf of the minor son Sujay, his mother has filed the present writ petition seeking for a direction to respondents 2 and 3 to consider and admit her son in the L.K.G. class in the first respondent school on the basis of her application as the legal duty was cast upon the respondents under the provisions of the Right of Children for Free and Compulsory Education Act, 2009 (for short RCE Act) as well as under Articles 21 and 21A of the Constitution.

(2.) THIS writ petition when it came up for admission on 09.05.2012, private notice was directed to be served on the respondents. On notice, a counter affidavit, dated 21.6.2012 has been filed by the second respondent. The third respondent has also filed a counter affidavit on the same day together with supporting documents. The petitioner filed a rejoinder after orders were reserved in this writ petition on 02.07.2012, thereby denying the chance of the counsel for the respondents to controvert some of the additional facts brought in the rejoinder. Hence with the objection of the counsel for the respondents, the rejoinder has been received by the court.

(3.) IN the counter affidavit filed by the third respondent, it was contended that the third respondent informed the grandfather of the child that if there was vacancy in the LKG, then the petitioner's son will be considered for inclusion subject to fulfillment of all requirements as prescribed under law. It was stated that her son was denied admission as he was not selected in the random selection process held for backward and most backward classes category.