Research › Search › Judgment

Jharkhand High Court · body

2014 DIGILAW 1092 (JHR)

Rajan Kumar Singh v. Union of India

2014-11-11

D.N.PATEL, VIRENDER SINGH

body2014
Judgment Per Virender Singh, C.J. I.A. No. 5625 of 2014 1. This is an application for deletion of the name of respondent no.4-Bishop School, Ranchi from the array of the respondents. 2. Learned counsel for the non-applicant-writ petitioner did not raise any objection. 3. Resultantly, this application stands allowed. As prayed, name of respondent no.4 is deleted from the array of respondents. I.A. No.5625 of 2014 stands disposed of. 4. Registry is directed to carry out necessary changes in the cause title. I.A. No. 5746 of 2014 1. The learned counsel for the respondents accept notice of this Interlocutory Application. Let a copy of this application be provided to the counsel for the respondents. 2. The respondents may file response to the aforesaid Interlocutory Application. W.P.(PIL) No. 3731 of 2014 1. Issue fresh notice upon respondent no.21 under ordinary process, for which Dusti summon be filed within a week. 2. Registry of this Court is directed to tag W.P.(C) No. 5918 of 2011 along with the instant Public Interest Litigation [W.P.(PIL) No.3731 of 2014]. 3. Copy of W.P.(C) No. 5918 of 2011 shall be provided to Mr.Anup Kumar Agrawal, learned counsel appearing for the petitioner in the instant Public Interest Litigation. 4. This Public Interest Litigation has been preferred for getting a writ of mandamus to be issued upon the respondents to consider the applications of the children belonging to the weaker section and disadvantaged group and to provide them admissions in the Schools within the State of Jharkhand, with a reservation of 25% of seats, as per Section 12(1) (c) of the Right of Children to Free and Compulsory Education Act, 2009 (for the sake of brevity to be referred as the “Act, 2009”) and the Rules made thereunder. 5. It is submitted by the learned counsel for the petitioner that now the Schools in the State of Jharkhand have started the admission process for the academic year 2015-16. 5. It is submitted by the learned counsel for the petitioner that now the Schools in the State of Jharkhand have started the admission process for the academic year 2015-16. If these seats are filled up by the Schools, then the children belonging to weaker section and disadvantaged group will not be in a position to get admissions and, therefore, he has prayed for an interim order to the effect that 25% of total seats in the Schools within the State of Jharkhand, to whom the Act, 2009 is applicable, may be kept vacant at present and they may be filled up by the children belonging to weaker section and disadvantaged group, after receiving applications from them. 6. We have heard learned Advocates appearing for the respondents, who have submitted that they have no objection to follow the Act, 2009, but, the criteria for giving admissions to the children belong to weaker section and disadvantaged group may be followed scrupulously. It is also submitted by the learned counsel for the respondents that let this admission process of 25% of seats be controlled by Nodal Officer. It is also submitted by the learned Advocates for both the sides that the State of Jharkhand has appointed District Superintendent of Education as a Nodal Officer and, therefore, let this Nodal Officer give the list of those children who are belonging to weaker section and disadvantaged group, who are falling within the ambit of Section 12(1)(c) of the Act, 2009, which reads as under : “12. Extent of school's responsibility for free and compulsory education. - (1) For the purpose of this Act, a school, - (a) ........ …..... (b) ........ ….... (c) specified in sub-clauses(iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion: Provided further that where a school specified in clause (n) of section 2 imparts pre- school education, the provisions of clauses(a) to (c) shall apply for admission to such pre- school education. (2) …... …. …. (3) …... …......” 7. (2) …... …. …. (3) …... …......” 7. Having heard learned Advocates for both the sides and looking to the facts and circumstances of the case and also looking to the provisions of the Act, 2009, there is a prima facie case in favour of the children belonging to weaker section and disadvantaged group. An irreparable loss will be caused to the children belonging to weaker section and disadvantaged group, if all the seats are filled up by the Schools, as defined under section 2(n) of the Act, 2009. Balance of convenience is also in favour of these children. 8. We, therefore, direct : (a) the respondents not to fill up 25% of seats by the children other than belonging to weaker section and disadvantaged group; (b) the State of Jharkhand (respondent no.2) to appoint a 4.Nodal Officer, may be District Superintendent of Education, who will scrutinize these applications and the children, who are fulfilling the criteria for getting admissions in these 25% of quota, will be enlisted and the said list will be provided to the concerned schools, who, in turn, will give admissions to the children belonging to the weaker section and disadvantaged group, residing in the neighbourhood. The Nodal Officer shall follow the Act, 2009 and the Rules, made thereunder and will also follow the necessary circular(s), issued by the competent5 authority, which are enforceable by law. (c) that though in this Public Interest Litigation, the respondents -schools are limited to the city of Ranchi, but, looking to the statements of object and reasons of the Act, 2009 and also looking to the fact that in the State of Jharkhand this Act, 2009 is more observed in a breach than in compliance and also looking to the interest of public at large and the children belonging to weaker section and disadvantaged group, we hereby expand the scope of this Public Interest Litigation to the extent that the State of Jharkhand will also direct all the Schools, as defined under Section 2(n) of the Act, 2009 and to all the Schools to which the Act, 2009 is applicable, to fill up 25% of seats only from the children, belonging to weaker section and disadvantaged group, residing in the neighbourhood. This 25% of seats will not be filled up by any children other than what is permitted under Section 12(1)(c) of the Act, 2009. This 25% of seats will not be filled up by any children other than what is permitted under Section 12(1)(c) of the Act, 2009. For these Schools also, Nodal Officer shall be appointed by the State, may be the District Superintendent of Education, who will scrutinize these applications and the children, who are fulfilling the criteria for getting admissions in these 25% of quota, will be enlisted and the said list will be provided to the concerned Schools, who, in turn, will give admissions to the children belonging to the weaker section and disadvantaged group, residing in the neighbourhood. The Nodal Officer shall follow the Act, 2009 and the Rules made thereunder and will also follow the necessary circular(s), 5.issued by the competent authority, which are enforceable by law. (d) the State of Jharkhand that at every School to which the Act, 2009 is applicable, a notice/board/hoarding/ notice board may be displayed at a conspicuous place, narrating the right of getting admission in Schools of children belonging to weaker section and disadvantaged group. There shall also be a mentioning about eligibility of the children like Income, Below Poverty Line(BPL) Card, Resident in a near neighbourhood etc. in the said notice/board/hoarding/notice board; (e) the State of Jharkhand to publish list of persons, included in the BPL list, so that the public at large may look to the list for getting admission in the Schools. 9. List this Public Interest Litigation alongwith I.A. No. 5746 of 2014 again on 2.12.2014. 10. Copy of this order be provided to the learned counsel for the parties under the signature and seal of the Court Master for communicating the order to the concerned quarter without any delay.