New Delhi. Delhi High Court clearly said in one of its decisions that no child has any fundamental right to get education in a particular school of his choice. The court held that the right available under Article 21A of the Constitution or Section 12 of the Right to Education Act, 2009 (RTE Act) is limited only to free and compulsory education up to the age of 14 years and not to receiving such education in a special school. Has the right to. The court gave this decision on a writ petition filed by the mother of a 7.5 year old girl against Maharaja Agrasen Model School.
According to a report in ‘Verdict’, a single bench of Justice C. Hari Shankar said that ‘in the absence of such an application, conducting a computerized draw for admission to a particular class in a particular school and shortlisting a child, He has no right to gain entry. The right available under Article 21A of the Constitution or Section 12 of the RTE Act is only to free and compulsory education up to the age of fourteen years. It is not about getting admission in any particular school for education.
Jiya’s name shortlisted in computer draw
The petitioner named Jiya was born in 2016 and was about 7.5 years old. She belonged to the Economically Weaker Section (EWS) of the society. His mother then applied to the Directorate of Education (DOE) for his admission under the EWS category in Class 1 for the academic session 2022-23. The DOE conducted a computerized draw, following which Jiya was shortlisted for admission to the respondent school.
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denial of school admission
Despite her mother visiting the school several times, the school refused to admit Jiya. After this, her mother applied to DOE seeking its intervention to ensure admission for Jiya in that school, but to no avail. Therefore Jiya filed the writ petition through her mother. It had sought to issue an order directing the school to grant admission as EWS student in Class II for the academic session 2023-24. On which the High Court gave its decision.
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FIRST PUBLISHED: March 30, 2024, 17:10 IST