The Bombay High Court has observed that a wait listed candidate cannot seek appointment against resignation of a selected candidate.
The division bench comprising of Justice Sunil B Shukre and Justice G.A. Sanap in the case of Master Dhariya Pritesh Bansod Vs the principal, Mothers Pet Kindergarten, Nagpur & Ors. held that the delay in the communication of acceptance of the application form doesn’t provide any right to the petitioner to seek admission to such a school.
Brief Facts of the Case
The factual matrix of the case was that during the petition was pending, a number of things occurred which led to the declaration of the KG-II standard examination results by respondent no. 1. Along with this, the balance fees of the petitioner were also paid by the petitioner’s parents.
The petition was rendered unfruitful as the developments have fulfilled all the prayer clauses. The learned counsel for the petitioner decided to take over this petition forward on the issue concerning seeking admission to the 1 st standard in center point school Dabha branch run by the mother’s pet education society on the ground of rejection of the application form. This school runs by the mother’s pet education society along with respondent no. 1, the society is not the party in this case.
The Counsel for the petitioner contended that the unjust rejection of the application form and delay in the communication was unfair. The counsel also seeks permission from the court to amend the petition as per the proposed amendments contained in the application
The Counsel for the respondent opposed the contention of the petitioner by arguing that no right vested in the petitioner to seek admission to the 1 st standard school which is an unaided Minority private school. The counsel supported this argument by citing the case Society for unaided private schools of Rajasthan v/s Union of India and Anr.
High Court's Observation
The Apex Court held that the Right of Children to Free and Compulsory Education Act, 2009 doesn’t bring private un-aided minority schools under its umbrella and there is no
corresponding right vested in the student to seek admission in such schools. It is at the discretion of the private minority schools to decide whether to accept or reject the application
form.
Further, the petitioner may not receive notification of the school's decision to reject their application straight away, this delay in notification does not provide them the right to request admission to that school.
At last, the court disposed of the petition and asked the petitioner to pursue an alternate civil remedy for the loss which may have occurred to the
petitioner due to delay in communication.
CASE NAME- Master Dhairya Pritesh Bansod vs the Principal, Mothers pet Kindergarten, Nagpur and Ors.
CASE DETAILS: WRIT PETITION NO. 2118 OF 2021
CORAM – Justice Sunil B. Shukre and Justice G.A. Sanap
Read Order @LatestLaws.com:
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