The Kolhapur bench of the Bombay High Court has directed education authorities to process the Right to Education (RTE) admission application of a six-year-old girl within five days. The girl's claim had been rejected due to the absence of a registered rent agreement.
Court's Observation
Justice Sachin S Deshmukh observed that the girl's right to admission in a nearby school cannot be defeated merely because the leave and licence agreement was not registered. The court stated that such a requirement amounts to militating against the fundamental right of the petitioner.
Background of the Case
The girl, through her father, approached the High Court after her application was rejected by the verification committee. She had been shortlisted for admission via the online portal. The family submitted a notarised affidavit showing they lived in a rented apartment less than 100 metres from the school she applied to.
The RTE Act reserves 25% of seats in unaided private schools for economically weaker sections. The girl, belonging to such a section, sought admission to Standard 1 for the 2026-27 academic year under this quota. She was selected through a lottery process.
Lawyer Ahilya Nalawade, representing the petitioner, said that when the father visited the verification committee, he was orally informed that the rent agreement must be a registered document. The committee referred to a communication dated April 4 from the Director (Primary) Pune Education, which cited a 2016 government resolution mandating a registered rent agreement.
Petition and Court Order
The petition challenged the communication and the government resolution, arguing that the RTE Act does not require a registered rent agreement. The court agreed, stating that the stipulation cannot be weaponised to cause delay or defeat admission. The affidavit of the parent indicating the child's age and residence is sufficient under Section 12(1) of the Act.
The court ordered manual processing of the application and provisional admission, with all benefits under freeship or other quotas. The education officer (Primary) of Kolhapur Zilla Parishad was directed to ensure the girl's name is enrolled in the student database.
The Deputy Director of Education, Kolhapur, has been tasked with monitoring compliance. The court will hear the matter next on June 11, with the academic year starting June 10.
