MUZAFFAR ALAM SEKENDAR Vs. STATE OF TRIPURA; DIRECTOR OF SCHOOL EDUCATION; DISTRICT EDUCATION OFFICER; HEAD MASTER, SHISHU BIHAR

JUDGEMENT

(1.) The appellant, who is the original writ petitioner, has by means of the petition prayed that admission to the primary section of Shishu Bihar Higher Secondary School should be first limited to the children of residents of Ward No.13 of Agartala Municipal Corporation area and only if there are vacant seats, the children of other wards should be granted admission. The learned Single Judge by the impugned judgment rejected the petition. Hence this appeal.

(2.) Article 21-A of the Constitution of India was incorporated by the 86th Amendment Act, 2002 w.e.f. 01.04.2010 and reads as follows:

(3.) The State is duty bound to provide free and compulsory education to all children between the ages of 6 to 14 years in the manner prescribed by law. The Right of Children to Free and Compulsory Education Act, 2009 was notified on 27th August, 2009 and it came into force on 01.04.2010. Under Section 2 of the Act, 'appropriate Government' in relation to a school established by the State Government is the State Government. Section 3 of the Act reads as follows: