Right To Education | Lack Of Residency Ward Number On Child's Aadhar Card No Ground To Deny Admission Under RTE Act: Rajasthan High Court

While granting relief to a minor whose application for admission in a private school under the Right to Education Act, 2009 was rejected, the Rajasthan High Court held that a fundamental right under Article 21-A could not be tossed and curtailed merely on account on procedural ground or technicalities.In the present matter, the application of the child was rejected on the ground that the Aadhaar card submitted for verification was not carrying the number of his residency ward.The bench of Justice Anoop Kumar Dhand opined that once the petitioner was selected for admission in the school under a lottery draw, his application could not have been rejected merely on this technical ground. “The respondents could have asked the petitioner to furnish a documentary proof with regard to his residential Ward, instead of rejecting his application. Such action of the respondents was quite unjustified and the same is not tenable in the eyes of law.”It was the case of the petitioner that after his application was rejected on the technical ground, the deadline for verification of documents was extended, and on the last date of such extension, the petitioner had submitted a document, issued by a competent authority, indicating the ward number. Without taking that into consideration, the child's application was rejected. In the prologue, the Court remarked, "Right to Education falls under the hallowed walls of the fundamental right to live with dignity guaranteed under Article 21 of the Indian Constitution because education ensure a good and dignified life...Article 21-A of the Constitution of India has hailed as the most significant of all the fundamental rights, because one's ability to enforce the fundamental right comes from his education."Then observing the facts of the case, the Court opined that, “once the respondents have extended the date upto 08.05.2025 for verification of documents and the petitioner has submitted his correct document with regard to his Ward on 08.05.2025, the respondents were supposed to consider the said document for the purpose of granting admission to him and inclusion of his name in the lottery process, but the respondents have miserably failed to do so.”While underscoring the importance of the Right to Education, it was stated that this right should help the student not only to develop his capacities but also to understand his own highest interest. Accordingly, the petition was accepted, and the State was directed to admit the child in the concerned private school within 15 days. Title: Master Daivik Rangwani v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 307Click Here To Read/Download Order

Right To Education | Lack Of Residency Ward Number On Child's Aadhar Card No Ground To Deny Admission Under RTE Act: Rajasthan High Court

Nupur Agrawal

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