IMRAN MALKANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this writ petition, the petitioners are seeking directions to the respondents to provide them admission form for admission of their children in Sardar Senior Secondary School, Jodhpur, in the category of the children belonging to weaker section so also to consider their candidature for admission to the school as per the provisions of Right of Children to Free and Compulsory Education Act, 2009 (for short "the Act of 2009"). The petitioners belonging to weaker section, aspiring for admission of their children in Sardar Senior Secondary School, Jodhpur, approached its Principal, the respondent No. 5 herein, for providing the admission form. It is averred that the admission form was denied to the petitioners by the respondent No. 5 saying that the form will be provided only to the candidates who have the Below Poverty Line (BPL) card. On 25.4.14, the petitioners served the respondent No. 5 with a notice for demand of justice but to no avail. The petitioners also approached the District Collector, Jodhpur, by way of representation raising the grievance in this regard. In response thereto, the District Education Officer (Secondary), Jodhpur, the respondent No. 3 herein, vide communication dated 25.4.14 directed the respondent No. 5 to make available the admission form to the petitioners and their likes and to take appropriate steps for admission in accordance with the provisions of the Act of 2009. Despite the directions issued by the respondent No. 3 as aforesaid, the respondent No. 5 did not care to make the admission forms available to the petitioners. Hence, this petition.

(2.) A reply to the writ petition has been filed on behalf of the respondent No. 5 taking the stand that as per the notification dated 29.3.11 issued by the State Government, in pursuance of clause (c) of Section 2 of the Act of 2009, only the child whose parents are included in the list of BPL families (both Central and State list) prepared by the Rural Development Department/Urban Development Department of the State Government and whose parents' income does not exceed 2.50 lacs, is entitled to be considered for admission in the category of child belonging to weaker section. It is submitted that the legal position was clarified to the petitioners so also to the District Education Officer. In this regard, a communication dated 26.4.14 of the Honorary Secretary, Education Committee (Shri Singh Sabha) addressed to the respondent No. 3 herein, is placed on record as Annexure R -5/2. Precisely, according to the respondent No. 5, the petitioners who failed to produce the BPL card were not entitled for providing the admission forms.

(3.) AN additional affidavit has been filed by the respondent No. 5, reiterating the stand that since the petitioners were not eligible for admission, they were not made available the admission forms. That apart, it is averred that admission forms were submitted by the petitioners for admission of their children in the school and after scrutiny thereof in their presence, they were informed to deposit the fees, but they did not turn up to do the needful. As a matter of fact, the aforesaid forms refer to the forms alleged to have been submitted by the petitioners in regular course for admission of their children and not as the children belonging to weaker section.