NITIN RAVINDRA BANSOD Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel for the parties.

(2.) By this writ petition, the petitioners seek a direction to the respondent nos.3 and 4. The Deputy Director of Education, Nagpur and the Education Officer (Primary), Zilla Parishad, Nagpur to transfer the children of the petitioners in the nearby schools with a view to provide them free education facility as per the provisions of The Right of Children to Free and Compulsory Education Act, 2009. A further direction is sought against the respondent nos.5 and 6 Modern Primary School and Sandipani School to protect the education of the children of the petitioners by admitting them in the other branches of the schools in the nearby locality, as per the provisions of the Act.

(3.) The children of the petitioners were admitted in Standard I in the respondent nos.5 and 6 Schools, located in Civil Lines, Nagpur under the provisions of Sec. 12(1)(c) of the Act, in the year 2013-14. The respondent nos.5 and 6 Schools in Civil Lines provide education to the children only till Standard IV. The management of the respondent nos.5 and 6 Schools run and administer two other schools at Koradi and Hazari Pahad respectively where education is imparted to the students from Standard I to X. The children of the petitioners have completed the education till Standard IV at the end of the academic session 2016-17 and are entitled to the admission to Standard V. Some of the petitioners received a communication from the respondent no.5 informing them that they could admit their children in Standard V in the school run by the management at Koradi on the condition that they would not be entitled to free education as per the provisions of Sec. 12(1)(c) of the Act. The respondent no.6 also served the communications on the other petitioners informing them that since there is no facility for further education in the schools in which their children were admitted, they would be required to make arrangement for admitting their children in the other schools as per the provisions of the Act. The communications are challenged by the petitioners in the instant petition and a direction is sought against the respondent nos.3 to 6 to ensure that the children of the petitioners are provided free education in the 25% quota as provided under Sec. 12(1)(c) of the Act.