SUDHEER KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed, seeking a writ of mandamus to the respondents to ensure admission of the petitioner's male child born on 11.10.2011 (hereinafter referred to as 'C'), at Maharshi Patanjali Vidya Mandir, Allahabad, claiming under section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the Act').

(2.) The petitioner has disclosed his address at 102, Suturkhana, (Galla Bazar), Allahabad. He claims to be economically weak, with an annual income of Rs. 48,000/- per annum. Therefore, he claims 'C' is "child belonging to weaker section" as defined under Section 2(e) of the Act and entitled to receive "elementary education" defined under Section 2(f) of the Act, at the cost of the State. These facts are not in dispute.

(3.) The petitioner's case, in short is, pursuant to an application made by him, the Basic Shiksha Adhikari, Allahabad (hereinafter referred to as BSA) vide his communication dated 11.08.2016 recommended the case of three children including 'C', under the provisions of the Act, for admission at Maharshi Patanjali School, Teliyarganj, Allahabad. Admittedly, the said recommendation had been made in writing and was addressed to the Manager "Maharshi Patanjali School, Teliyarganj, Allahabad".