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Issues involved: Complaint regarding denial of admission by Government Schools under the Right of Children to Free & Compulsory Education Act, 2009 (RTE Act), requirement of Transfer Certificate for admission, determination of appropriate class for admission, proximity of school choice, admission of children with disabilities.
Comprehensive details of the judgment for each issue involved: 1. The writ petitions were filed by petitioners seeking admission in Government Schools under the RTE Act. The Act provides for free and compulsory education to children aged six to fourteen years. The petitioners were denied admission despite recommendations from the Directorate of Education. Admission was sought in various classes up to Class VIII, with some exceptions for Class IX. 2. The counsel for the petitioners argued that denial of admission violated the RTE Act. The Act mandates free and compulsory education in recognized schools. Section 6 requires the establishment of schools in each neighborhood. Section 12 obligates Government schools to provide free and compulsory education. The Act also prohibits denial of admission based on lack of age proof. 3. Notices were issued, and the Deputy Director of Education assured that no Government schools would deny admission. The requirement of a Transfer Certificate for admission was raised by some schools, as per Rule 139 of the Delhi School Education Rules, 1973. 4. The court clarified that while the RTE Act aims to ensure elementary education, the requirement of a Transfer Certificate is valid for aided schools to verify the student's educational background. The Act allows for the issuance of a transfer certificate but does not eliminate the need for it. 5. Rule 139(2) outlines the process for verifying Transfer Certificates from schools outside Delhi, ensuring the class for admission is determined correctly. The rule does not contradict the RTE Act and serves the purpose of verifying a student's educational history. 6. Schools were directed to provisionally admit students pending Transfer Certificate verification. If discrepancies arise, parents should be informed. For students without prior school attendance, Rule 141 requires an affidavit confirming no prior schooling, with provisions for class assessment. 7. The court upheld the assessment test under Rule 141(2) to determine the appropriate class for admission, rejecting claims of it being a screening procedure prohibited by the RTE Act. 8. The judgment emphasized the importance of admitting students to classes suitable for their educational level to prevent dropout rates. Special training provisions under the RTE Act apply regardless of the class of admission. 9. The court directed schools to assess students without prior school attendance for suitable class placement in consultation with the Zonal Education Officer. 10. Provisions were made for admitting children with disabilities and ensuring compliance with the RTE Act and relevant judgments. 11. The writ petitions were disposed of with directions for admission procedures and handling of similar cases to prevent inundation of the court. This summary provides a detailed overview of the judgment, addressing the issues raised and the court's decisions on each matter.
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