2010 (8) TMI 1169 - HC - Indian Laws

Summary

Issues:
1. Denial of admission in government schools under the Right of Children to Free & Compulsory Education Act, 2009 (RTE Act).
2. Requirement of Transfer Certificate for admission and its compliance with RTE Act.
3. Admission of students who have not previously attended recognized schools.
4. Admission based on age-appropriate class and screening procedures.
5. Admission to schools in proximity and treatment of children with disabilities.

Issue 1: Denial of admission under RTE Act
The writ petitions were filed due to complaints of denial of admission to government schools despite approaching them for admission. The petitioners argued that such denial violated the RTE Act, which mandates free and compulsory education for children aged six to fourteen in recognized schools. The Act defines elementary education from first to eighth class and imposes duties on the government, local authorities, and parents for ensuring admission and education.

Issue 2: Compliance with Transfer Certificate requirement
The schools were found to be seeking Transfer Certificates for admission, leading to misunderstandings. Rule 139 of the Delhi School Education Rules mandates a Transfer Certificate for students switching schools. The court clarified that the RTE Act does not render this rule redundant, as it serves the purpose of verifying a student's educational background for appropriate admission.

Issue 3: Admission of students without previous school attendance
For students who have not attended recognized schools, Rule 141 requires a detailed history and an affidavit stating the same. The petitioners argued that admission should be granted based on age-appropriate classes as per the RTE Act, while the rule allows for a test to assess the student's suitability for admission.

Issue 4: Admission based on age-appropriate class and screening
The court held that admitting a child solely based on age, without considering their academic readiness, would go against the spirit of the RTE Act. It allowed for tests to determine the suitable class for admission, ensuring the child's ability to cope with the curriculum and remain interested in education.

Issue 5: Admission to schools in proximity and treatment of children with disabilities
Concerns were raised about students seeking admission to distant schools instead of closer ones. The court directed the Deputy Director of Education to address similar cases to prevent an influx of petitions. Additionally, it highlighted the importance of admitting children with disabilities as per the RTE Act and a previous court judgment.

In conclusion, the court disposed of the writ petitions with directions to ensure compliance with the RTE Act, proper assessment for admissions, and fair treatment of all students seeking education in government schools.