High Court · 2025

4. Heard learned counsel for the petitioner and Shri Nishant Shukla, learned counsel for respondent Nos.1 to 3.

5. The present petition has been filed by the petitioner through his father stating that the petitioner was enrolled in Nursery Class at Vivekanand Academy situate at Palia Road, Bhira, District- Lakhimpur Kheri in the year 2017, when the school in question was located at the rural area.

6. It is stated that the petitioner passed Class-V examination from the said school and applied with the respondent institution for admission in Class-VI. Claiming that the school in which the petitioner was studying is situate in a rural area. Thereafter, the petitioner had appeared in the examination and a select list was issued on

17.03.2025, wherein the petitioner was placed at serial No.34 in the said select list.

7. It is argued by learned counsel for the petitioner that in terms of the instructions received, all the forms for applying with the respondents school were to be filled with the aid of the Head Master and thus, in the form filled, it was shown that the school in which, the petitioner was studying was situate in a rural area. It is also stated that a general notice was issued by the respondents, which is contained in Annexure No.6 to the writ petition, wherein documents prescribed were to be submitted in respect of the persons whose names were listed in the select list of the candidates. It is claimed that the petitioner fulfilled all the requirements and on the basis of the said, provisional admission was granted to the petitioner. Thereafter, the petitioner was directed to produce his certificate from the Tehsildar Palia to certify that the school in which the petitioner had studied prior to the selection was situate in a rural area. As the Tehsildar denied to issue the said certificate, the petitioner approached this Court by filing Writ-C No.4463 of 2025. The said writ petition was disposed of vide order dated 14.05.2025 (Annexure No.7), wherein this Court directed respondent Nos.2 and 3 to grant admission to the petitioner if otherwise there is no legal impediment within a period of two weeks from today. In terms of the directions given by this Court on

14.05.2025, the respondents instead of granting admission, rejected the candidature of the petitioner only on the ground that the school in which the petitioner had studied was situate in an urban area and not in the rural area vide an order dated 02.06.2025.

8. The submission of learned counsel for the petitioner is that when the petitioner had taken admission in the school in which he was studying, the same was situate in rural area. Subsequently, vide notification dated 22nd July, 2022, a notification was issued declaring that the area in which the school was situate shall be transitional area for the purposes of Part IX-A of the Constitution of India.

9. The relevant extracts of the notification are noted herein-below: "IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no. 2047/1X-1-2022-49T.A.-20, dated July 22, 2022: No. 2047/1X-1-2022-49T.A.-20 Dated Lucknow, July 22, 2022 WHEREAS notification no. 2344/IX-1-2020-49T.A.-20, dated December 10, 2020 was issued and published in Gazette with a view to invite objections and suggestions for issuance of notification for specifying the area mentioned in the Schedule below as transitional area for constituting Nagar Panchayat Bheera in District Lakhimpur Kheri as required under sub-section (1) of Section 4 of the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. II of 1916). AND, WHEREAS, objections and suggestions received in pursuance of said notification were disposed of vide Government order no. 1538/IX-1-2022-49TA-20, dated June 20, 2022; NOW, THEREFORE, in exercise of the powers under clause (2) of Article 243-Q of the Constitution read with sub-section (2) of Section 3 of the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. II of 1916), the Governor having regard to the population of the area, the density of population therein, the revenue generated for the local administration, the percentage of employment in non-agricultural activities and the economic importance is pleased to specify that the local area the limits of which is given in the Schedules below, shall be a transitional area for the purposes of Part IX-A of the Constitution of India and there shall be constituted for the said transitional area a Nagar Panchayat to be known as Nagar Panchayat Bheera in District Lakhimpur Kheri"

10. It is argued that as the forms were to be filled by the Head Master, it cannot be said that there was any concealment by the petitioner. It is further argues that in any case, the directions of this Court were to admit the petitioner if there was no legal impediment, it was not on the discretion of the respondents to deny the admission on the ground in which it has been done. He further argues that the petitioner had studied provisionally in the school in question and now the petitioner would suffer irreparable hardships if the admission is not continued.

11. Learned counsel for the respondents, on the other hand, argues that the admission with the respondents institute, which are residential schools, reservation is prescribed for the students from urban areas and rural areas, which is followed scrupulously. In the present case, the petitioner had applied as the candidate migrating from a rural area, which was subsequently found to be incorrect and the petitioner could not qualify in the seats allocated for students from urban areas and thus, his candidature was rejected.

12. It is further argues that the seats have now been filled and the petitioner also did not qualify in the cut off fixed for urban areas. In the said manner, the order dated 02.06.2023 is justified.

13. Considering the submissions made at the Bar, the fact remains that in the year 2017, the petitioner had taken admission in the school, which was admittedly situate in a rural area. The petitioner applied for admission with the respondents school and the forms were not filled by the petitioner and were filled by the Head Master of the institution, which indicated that the school in which the petitioner was then studying was situate in a rural area. The notification issued in the year 2022, was for a limited purpose of Part IX-A of the Constitution of India and this Court vide judgement dated 14.05.2025 had issued a clear direction for admission to be granted to the petitioner if otherwise there was no legal impediment. The said judgement has attained finality.

14. The phrase "legal impediment" used in the judgement dated

14.05.2025 did not authorize the respondents to pass a fresh order rejecting the application. The phrase "legal impediment" has to be read in the context of any other disability or inability suffered by the students for grant of admission. The said phrase did not grant any liberty to the respondents to pass a fresh order of rejection as has been done.

15. Thus, for all the reasons, the impugned order cannot be sustained and is quashed.

16. The respondents are directed to permit the petitioner to continue his studies in the school in question forthwith.

17. Any violation of the order shall be deemed to be contempt of this Court.

18. The writ petition is disposed of in terms of above. Order Date :- 12.8.2025 Ashutosh ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

4. Heard learned counsel for the petitioner and Shri Nishant Shukla, learned counsel for respondent Nos.1 to 3.

5. The present petition has been filed by the petitioner through his father stating that the petitioner was enrolled in Nursery Class at Vivekanand Academy situate at Palia Road, Bhira, District- Lakhimpur Kheri in the year 2017, when the school in question was located at the rural area.

6. It is stated that the petitioner passed Class-V examination from the said school and applied with the respondent institution for admission in Class-VI. Claiming that the school in which the petitioner was studying is situate in a rural area. Thereafter, the petitioner had appeared in the examination and a select list was issued on

17.03.2025, wherein the petitioner was placed at serial No.34 in the said select list.

7. It is argued by learned counsel for the petitioner that in terms of the instructions received, all the forms for applying with the respondents school were to be filled with the aid of the Head Master and thus, in the form filled, it was shown that the school in which, the petitioner was studying was situate in a rural area. It is also stated that a general notice was issued by the respondents, which is contained in Annexure No.6 to the writ petition, wherein documents prescribed were to be submitted in respect of the persons whose names were listed in the select list of the candidates. It is claimed that the petitioner fulfilled all the requirements and on the basis of the said, provisional admission was granted to the petitioner. Thereafter, the petitioner was directed to produce his certificate from the Tehsildar Palia to certify that the school in which the petitioner had studied prior to the selection was situate in a rural area. As the Tehsildar denied to issue the said certificate, the petitioner approached this Court by filing Writ-C No.4463 of 2025. The said writ petition was disposed of vide order dated 14.05.2025 (Annexure No.7), wherein this Court directed respondent Nos.2 and 3 to grant admission to the petitioner if otherwise there is no legal impediment within a period of two weeks from today. In terms of the directions given by this Court on

14.05.2025, the respondents instead of granting admission, rejected the candidature of the petitioner only on the ground that the school in which the petitioner had studied was situate in an urban area and not in the rural area vide an order dated 02.06.2025.

8. The submission of learned counsel for the petitioner is that when the petitioner had taken admission in the school in which he was studying, the same was situate in rural area. Subsequently, vide notification dated 22nd July, 2022, a notification was issued declaring that the area in which the school was situate shall be transitional area for the purposes of Part IX-A of the Constitution of India.

9. The relevant extracts of the notification are noted herein-below: "IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no. 2047/1X-1-2022-49T.A.-20, dated July 22, 2022: No. 2047/1X-1-2022-49T.A.-20 Dated Lucknow, July 22, 2022 WHEREAS notification no. 2344/IX-1-2020-49T.A.-20, dated December 10, 2020 was issued and published in Gazette with a view to invite objections and suggestions for issuance of notification for specifying the area mentioned in the Schedule below as transitional area for constituting Nagar Panchayat Bheera in District Lakhimpur Kheri as required under sub-section (1) of Section 4 of the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. II of 1916). AND, WHEREAS, objections and suggestions received in pursuance of said notification were disposed of vide Government order no. 1538/IX-1-2022-49TA-20, dated June 20, 2022; NOW, THEREFORE, in exercise of the powers under clause (2) of Article 243-Q of the Constitution read with sub-section (2) of Section 3 of the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. II of 1916), the Governor having regard to the population of the area, the density of population therein, the revenue generated for the local administration, the percentage of employment in non-agricultural activities and the economic importance is pleased to specify that the local area the limits of which is given in the Schedules below, shall be a transitional area for the purposes of Part IX-A of the Constitution of India and there shall be constituted for the said transitional area a Nagar Panchayat to be known as Nagar Panchayat Bheera in District Lakhimpur Kheri"

10. It is argued that as the forms were to be filled by the Head Master, it cannot be said that there was any concealment by the petitioner. It is further argues that in any case, the directions of this Court were to admit the petitioner if there was no legal impediment, it was not on the discretion of the respondents to deny the admission on the ground in which it has been done. He further argues that the petitioner had studied provisionally in the school in question and now the petitioner would suffer irreparable hardships if the admission is not continued.

11. Learned counsel for the respondents, on the other hand, argues that the admission with the respondents institute, which are residential schools, reservation is prescribed for the students from urban areas and rural areas, which is followed scrupulously. In the present case, the petitioner had applied as the candidate migrating from a rural area, which was subsequently found to be incorrect and the petitioner could not qualify in the seats allocated for students from urban areas and thus, his candidature was rejected.

12. It is further argues that the seats have now been filled and the petitioner also did not qualify in the cut off fixed for urban areas. In the said manner, the order dated 02.06.2023 is justified.

13. Considering the submissions made at the Bar, the fact remains that in the year 2017, the petitioner had taken admission in the school, which was admittedly situate in a rural area. The petitioner applied for admission with the respondents school and the forms were not filled by the petitioner and were filled by the Head Master of the institution, which indicated that the school in which the petitioner was then studying was situate in a rural area. The notification issued in the year 2022, was for a limited purpose of Part IX-A of the Constitution of India and this Court vide judgement dated 14.05.2025 had issued a clear direction for admission to be granted to the petitioner if otherwise there was no legal impediment. The said judgement has attained finality.

14. The phrase "legal impediment" used in the judgement dated

14.05.2025 did not authorize the respondents to pass a fresh order rejecting the application. The phrase "legal impediment" has to be read in the context of any other disability or inability suffered by the students for grant of admission. The said phrase did not grant any liberty to the respondents to pass a fresh order of rejection as has been done.

15. Thus, for all the reasons, the impugned order cannot be sustained and is quashed.

16. The respondents are directed to permit the petitioner to continue his studies in the school in question forthwith.

17. Any violation of the order shall be deemed to be contempt of this Court.

18. The writ petition is disposed of in terms of above. Order Date :- 12.8.2025 Ashutosh ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench