NIKHIL UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Sharad Chand Rai, learned counsel for the petitioner; Shri Krishna Mohan Asthana, learned counsel for the respondent no.5 and; learned Standing Counsel for the State-respondents.

(2.) Present petition has been filed to challenge the order dtd. 5/2/2021 passed by respondent no.3 - Basic Education Officer, Bulandshahar. Thereby the name of the petitioner has been struck off from the list of beneficiaries under the Right of Children to Free and Compulsary Education Act, 2009 (hereinafter referred to as the Act). Further directions have been sought to allow the petitioner to continue his studies at Atomic Energy Central School, Narora, Bulandshahar.

(3.) At the outset, Shri Asthana submits, the petitioner had earlier approached this Court in Writ - C No. 24327 of 2019, that came to be dismissed by order dtd. 7/12/2020. Against that order, the petitioner had filed Special Appeal Defective No. 44 of 2021 which also has been dismissed by order dtd. 3/2/2021. Review application filed there against has also been dismissed. Therefore, there is no right surviving in favour of the petitioner to avail benefit under the Act. The impugned order is only a consequential order. Therefore, the writ petition is misconceived.