High Court of Chhattisgarh
Case Details
1 2025:CGHC:10198 NAFR SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.04 16:24:25 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1114 of 2025 1 - Prayag Kumar Sahu S/o Rajendra Kumar Sahu Aged About 6 Years R/o 178, Bajrang Chowk, Maroda Tank Ward No. 61, Civic Centre Bhilai, Durg, District Durg Chhattisgarh Being A Minor Is Being Represented Through His Natural Guardian I.E. Father Namely Rajendra Kumar Sahu, S/o Shivnath Ram, Aged About 44 Years, R/o 178, Bajrang Chowk, Maroda Tank Ward No. 61, Civic Centre Bhilai, Durg, District Durg Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instructions, Department Of School
Legal Reasoning
Education, Indravati Bhawan, Block-3 First Floor, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 3 - Collector Durg, District Durg Chhattisgarh 4 - Distict Education OfÏcer Durg, District Durg Chhattisgarh 5 - Delhi Public School Through Its Principal, Delhi Public School, Risali Sector, Bhilai, District Durg Chhattisgarh --- Respondent(s) WPC No. 1149 of 2025 1 - Aashvi Priya D/o Vijay Kumar Poddar Aged About 6 Years R/o 372, Ambedkar Chowk, Maroda Tank, Bhilai, Civic Centre Bhilai, District - Durg (C.G.), Being A Minor Is Being Represented Through Her Natural Guardian I.E. Mother Namely Amrita Poddar W/o Vijay Kumar Poddar, Aged About 37 Years, R/o 372, Ambedkar Chowk, Maroda Tank, Bhilai, Civic Centre Bhilai, District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Department Of School Education, Indravati Bhawan, Block-3, First Floor, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - Collector Durg, District - Durg (C.G.) 3 4 - District Education OfÏcer Durg, District - Durg (C.G.) 5 - Delhi Public School Through Its Principal, Delhi Public School, Risali Sector, Bhilai, District - Durg (C.G.) --- Respondent(s) WPC No. 1151 of 2025 1 - Hemanshi Sahu D/o. Rameshwar Sahu Aged About 6 Years R/o. 76, Ward No. 61, Bhilai Nagar, Near Maroda Tank School Para, Civic Centre Bhilai, Durg, District Durg (C.G.) Being A Minor Is Being Represented Through Her Natural Guardian I.E. Father Namely Rameshwar Sahu, S/o- Nathu Ram Sahu, Aged About- 37 Years, R/o- 76, Ward No. 61, Bhilai Nagar, Near Maroda Tank School Para, Civic Centre Bhilai, Durg, District Durg (C.G.) (Wrongly Mentioned As Himanshi In The Impugned Order) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G) 2 - Director Directorate Of Public Instructions, Department Of School Education, Indravati Bhawan, Block-3 First Floor, Atal Nagar, Nawa Raipur, District Raipur (C.G) 3 - Collector Durg, District Durg (C.G.) 4 4 - District Education OfÏcer Durg, District Durg (C.G.) 5 - Delhi Public School Through Its Principal, Delhi Public School, Risali Sector, Bhilai, District Durg (C.G.) --- Respondent(s) WPC No. 1156 of 2025 1 - Ansh Kumar Rai S/o Ravi Kumar Rai Aged About 6 Years R/o Ganesh Chowk, Maroda Tank, Bhilai, Civic Centre, Bhilai, District Durg Chhattisgarh, Being A Minor Is Being Represented Through His Natural Guardian, I.E. Father Namely Ravi Kumar Rai, S/o Mahendra Rai, Aged About 31 Years, R/o Ganesh Chowk, Maroda Tank, Bhilai, Civic Centre, Bhilai, District Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Public Instructions, Department Of School Education, Indravati Bhawan, Block-3, First Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - Collector, Durg District Durg, Chhattisgarh. 4 - District Education OfÏcer Durg, District Durg, Chhattisgarh. 5 5 - Delhi Public School Through Its Principal, Delhi Public School, Risali Sector, Bhilai, District Durg, Chhattisgarh. (Cause title taken from CIS) --- Respondent(s) For Petitioner(s)
Legal Reasoning
: Ms. Aditi Singhvi, Advocate. For Respondent Nos. 1 to 4/State : Shri Satish Gupta, Govt. Advocate, Shri Santosh Bharat, Panel Lawyer and Shri Mayur Khandelwal, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 03.03.2025 1. Since, common facts and grounds involved in all these writ petitions, they are being considered and disposed off by this common order. For the sake of convenience, the pleadings and documents of WPC No. 1114/2025 are being referred. 2. By the present writ petitions, the petitioners who are the students of respondent no. 5 school completed their KG-II in the present academic year were admitted in the respondent no. 5 school under the Right of Children to Free and Compulsory Education Act, 2009 ( for short, ‘the RTE Act, 2009), on the basis of the recommendation of the Committee known as District Level Committee constituted under the RTE Act 2009, however by the impugned communication dated 10.01.2025, the respondent no. 5 has issued a order of cancellation of admission under the RTE to the petitioners stating that on the basis of report, District Level Committee has found that 6 the respective residence of the petitioners are not found within the requisite distance as prescribed under the RTE. 3. Learned counsel for the petitioners would submit that before issuance of this communication dated 10.01.2025 no opportunity or notice has been issued to the petitioners, whereas the petitioners have been admitted in the school on the basis of the recommendation of the District Level Committee only and even while examining the distance of the residence of the petitioners from the school, the District Level Committee has also not provided any opportunity to the petitioner and recommended for cancellation of the admission. The order impugned is in clear violation of principles of natural justice. 4. Learned counsel for the respondents submit that the communication dated 10.01.2025 appears to be just and proper as the District Level Committee has found that the respective residence of the petitioners is not found within a requisite distance under the RTE Act and for which the cancellation of admission has been done. 5. I have heard both the parties and perused the communication as well as the pleading of the petitioner. 6. It appears from the pleadings that the petitioners have been admitted in the respondent no. 5 school and completed their KG-II in the present academic year. The admission has been granted to the petitioners under the recommendation of the District Level Committee constituted under the RTE. However, the impugned communication dated 10.01.2025 which has been issued without 7 affording any opportunity of hearing to the petitioners and without examining the fact that why earlier the Committee has granted recommended for admission of the petitioners in the respondent no. 5 school. Hence, the District Collector/respondent no. 3 is directed to examine the case of the petitioners and by providing opportunity of hearing take a decision about the admission of the petitioner in the respondent no. 5 school under the RTE Act and necessary order be passed in accordance with the Act, 2009. The petitioners is directed to approach the District Collector within a period of 5 days and Collector shall take a decision within a period of further 15 days by providing opportunity of hearing to all the effected parties.
Decision
7. With the aforesaid direction, the writ petitions are disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib