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Dealing with a writ petition which had alleged denial of Right to Education's benefits to petitioner’s child, the Allahabad High Court opined that “career of the student cannot be ruined only on technical ground.”

The Single judge bench comprising Justice Manju Rani Chauhan, therefore, directed State’s standing counsel to obtain instructions in the matter as to why petitioner's daughter was denied admission in Class-III as required under the law.

The petitioner, namely Khwaja Shamshad Ahmad had alleged that by an order dated April 4, 2021, the District Basic Education Officer, Prayagraj had rejected the claim of the petitioner on the ground that there is no provision of directly admitting any student in Class-III.

Counsel for the petitioner had contended that District Basic Education Officer’s aforesaid ground as stated was against the provision of Section 4 of the Right of Children to Free and Compulsory Education Act, 2009.

Section 4 of the Act provides special provisions for children not admitted to, or who have not completed, elementary education.

The section reads, “Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age.”

Taking note of counsel for the petitioner’s this contention, court asked the standing counsel to respond. However, state’s standing counsel argued that as the order rejecting the claim of the student had not been challenged, hence he was not in a position to obtain instructions in the matter.

Upon this, the court expressed its opinion about child’s right to get an education and in the interest of justice, directed the State counsel to seek instructions in this regard.

Earlier, amid ongoing proceedings, the court had also directed the authorities to permit petitioner's daughter to appear in the examination in Class-II which were held in February and November this year. 

The case was further directed to be put up next on December 6, 2021, as fresh. 

Case Title: Khwaja Shamshad Ahmad v. Chairman, Commission Of Protection Of Child Rights State Of U.P. And 3 Others