No absolute right under RTE Act for admission to minority schools without aid: Bombay High Court

A pupil does not have the “right” to be admitted to an unsupported private minority school under the Children’s Right to Free and Compulsory Education Act 2009 and the granting of admission is at absolute discretion of the school, said the Bombay High Court. .

The court cited the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan v. Union of India in which it was held that an unsupported private school for minorities is not covered by the Children’s Right to Free and Compulsory Education Act 2009.

“Such being the position, there would be no corresponding right vested in any pupil to seek admission to such a school and that would be absolutely at the discretion and prerogative of the unaided minority private school”, the observed bench.

The bench of Judges Sunil Shukre and GA Sanap passed the ordinance while refusing to allow an amendment to challenge the rejection of the petitioner’s application form, seeking admission to Level 1 of Center Point School, Dabha Branch, run by the Mother’s Pet Education Society.

The petitioner was further harmed by the late communication of the rejection of the application form.

However, the court denied relief even on the second ground. “There may be a delay in communicating the rejection of the application form by the school to the applicant, but such delay in communication in itself would not create any right for the applicant to apply for admission to such a school.

He added that the petitioner should at most pursue an alternative civil remedy for the loss which the petitioner may have suffered as a result of the delay in communication.

Accordingly, the bench ruled on the motion.

“We would certainly have considered the request for amendment presented by the petitioner if there had been the slightest possibility that it would produce a successful result”, said the court.

Case title: Master Dhairya Pritesh Bansod .vs. The Principal, Mothers Pet Kindergarten, Nagpur and others.

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