My child was denied school admission in Cuttack; does RTE protect her rights?
PA Asked by Parul Banerjee from India
Quick Answer
The Right of Children to Free and Compulsory Education Act, 2009 gives every child between 6 and 14 the right to free education, and the right flows from Article 21A.
Detailed Legal Analysis
The Right of Children to Free and Compulsory Education Act, 2009 gives every child between 6 and 14 the right to free education, and the right flows from Article 21A. Section 12(1)(c) of the Act requires private unaided schools to reserve 25 percent of seats for children from disadvantaged sections.
File a complaint with the Cuttack education officer and a writ petition under Article 226 in the Orissa High Court if the denial is from a state or aided school. The court will examine whether the denial violated the RTE Act or Article 21A and direct admission.
Odisha Rent Control Act 1962 on education must conform to the RTE Act, and any rule to the contrary is void. Preserve the admission denial, the school's response and the child's documents in Cuttack.
The court can direct admission with continuity and reimbursement of fees where applicable.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.