Suhani Verma Thru. Her Father ... vs Principal Secretary For Secondry ...
2022 Latest Caselaw 14568 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 6012 of 2022
 

 
Petitioner :- Suhani Verma Thru. Her Father Kaushal Kumar
 
Respondent :- Principal Secretary For Secondry Education Lko. And Others
 
Counsel for Petitioner :- Sadhu Saran Shukla
 
Counsel for Respondent :- C.S.C.,Rajneesh Kumar Pandey,Samanvya Dhar Dwivedi
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed stating that the petitioner was studying in the school, the respondent no.3, however, she is not being permitted to pursue her studies for Class - 11th and 12th on the pretext of demand of fees.

This Court had called for instructions from respondent no.3. Shri Samanvya Dhar Dwivedi, learned counsel appearing for respondent no.3 based upon instructions, states that the petitioner did not attend the classes regularly in Class - 9th and 10th and her attendance for Class - 9th was only approximately 20% and as the respondent no.3 - institution maintains strict discipline, the petitioner was not permitted to take Class - 11th.

It is also argued that the amount was not paid by the petitioner towards the fees or any other expenses nor did the petitioner ever approach respondent no.3 for admission in Class - 11th. It is further argued that the writ petition against respondent no.3 is not maintainable being a minority institution.

Learned counsel for the petitioner argues that the petitioner is ready and willing to give undertaking to attend the classes, if permitted to do so and the petitioner is also willing to deposit a part of the fees as may be fixed by this Court.

Considering the submissions made at the Bar, it is clear that the writ would not lie against respondent no.3 particularly as the petitioner does not come within the age bracket who are guaranteed the right to education under Right to Education Act. However, considering the petitioner's right to education, in the light of the judgment of the Hon'ble Apex Court, I deem it appropriate to direct the DIOS, Lucknow to ensure that the petitioner is granted admission in any of the schools of the State Government.

The petitioner will approach the DIOS alongwith a copy of this order and with a request for grant of admission within two weeks from today and the DIOS shall thereafter pass orders for admitting the petitioner in any of the government schools in the vicinity.

The petition stands disposed off in above terms.

As the DIOS is not a party in the present petition, this Court requests learned Standing Counsel to communicate a copy of this order to DIOS, Lucknow for it being complied with, with all expedition.

Order Date :- 20.10.2022

nishant