HC declares GO ultra vires about admission of poor kids

Allahabad: The Allahabad High Court on Friday has declared as ultra vires a government order issued by the UP government in January 2016 whereby district basic education officer were directed to take admission of the children of disadvantaged group and weaker section firstly in government aided primary schools and in case of non availability of the government schools then in private schools.

Passing the order a division bench consisted of Chief Justice Dr DY Chandrachud and Justice Yashwant Verma ruled that no government order can force a student to take admission in government schools first and in case the government schools are not available than in private schools.

This judgement came in a Public Interest Litigation (PIL) filed by Ajay Kumar Patel of district Varanasi. The petitioner, a social worker, had challenged the state government 's order on the ground that there is no provision in the right of children to free and compulsory education Act 2009 which gives power to the state government to give priority for admission in government and private schools.

The Court said that it is the choice of the children to take admission, if they are from disadvantaged or weaker section group in the school of there choice. Since the right of children to free and compulsory education Act, 2009 does not make any distinction or hierarchy in between government and private schools therefore the government cannot issue such kind of government orders giving priority between two schools.

It might be recalled under the said Act the Central Government has made a provision that the children belonging to disadvantaged and weaker section group should be admitted in the school situated within certain distance from their residence.