- (1.) Heard Sri Shanti Bhushan, Sri M.N. Rao learned Senior Advocates, assisted by Sri Manish Vaish and Sri P.K. Sinha, Sri Askari Naqvi and Indrapal Singh for the petitioners, Sri Z. Jilani, learned Additional Advocate General U.P., Sri Nagar learned Senior Advocate and Sri Manish Misra for the opposite parties. Writ Petition No. 2088 (M/S)/2015 has been filed by an educational institution challenging an order dated 13.4.2015 passed by District Basic Education Officer, Lucknow directing the petitioner to admit 31 students in Class 1 and Nursery as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the "Act, 2009") and the Government Orders issued in this regard. The petitioner has also challenged Clause 2 (Kha) and (Ga) of the Government Order dated 20.6.2013 and Clause 8/9 of the Government Order dated 8.5.20.13. Certain other relief's have also been sought regarding the embargo on enhancement of fee, the amount of reimbursement of fee, drawing of a policy of neighborhood based on a reasonable criteria etc. Writ Petition No. 3134 (M/S)/2015 has been filed by the guardians of the students belonging to the weaker section seeking admission in the petitioner school under the Act, 2009.
(2.) The facts, in brief, are as under:--Consequent to the promulgation of the Act, 2009 and the framing of U.P. Right of Children to Free and Compulsory Education Rules, 2011 (herein after referred as the "Rules, 2011) by the State Government in exercise of its power under Section 38 of the Act, 2009, certain Government Orders were issued viz. Government Orders dated 3.12.2012, 8.5.2013 and 20.6.2013. In pursuance to the aforesaid, the Basic Education Officer published a notice in the News Paper on 20.2.2015 identifying the unaided schools in respective Wards' for admission of children belonging to the disadvantaged group and those belonging to the weaker section under Section 12(1)(c) of the Act, 2009, inviting applications for the said purpose. The last date of submission of application was notified as 16.3.2015. The name of the petitioner-institution did not figure in the said notice. A 'Note' in the said notice mentioned that in addition to the schools mentioned in the notice, applications could also be submitted in other Schools in the 'Ward'. Note No. 3 of the said notice mentioned if there are more than one recognized school in the ward the allotment of school shall be made keeping in mind that the child is admitted to the school nearest to his residence.
(3.) According to the petitioner-school, as, it did not figure in the said list, therefore, it proceeded to fill up all the seats in its school under the belief that students were not to be allotted to it under Section 12(1)(C) of the Act, 2009. It is said by the petitioner that the admission process had already been completed and the academic session had started on 1st of April, 2015, when, a notice was issued by District Basic Education Officer, Lucknow on 6.4.2015, requiring the petitioner to admit 31 students under Section 12(1)(c) of the Act, 2009. All those students were residents of Luv Kush Nagar, Indira Nagar, Lucknow, 29 of them belonged to the disadvantaged category while 2 belonged to weaker sections. The petitioner immediately replied to the said notice vide letter date 9.4.2015 expressing its inability to admit the aforesaid students for various reasons mentioned therein, inspite of it, the District Basic Education officer, Lucknow, issued the impugned order dated 13.4.2015 directing the petitioner to admit them within 3 days. Being aggrieved this writ petition was filed.;