All HC | State to re-examine matter in light of inclusion of Right to Education in the Constitution

Allahabad High Court: This petition was filed before a Bench of Ajay Bhanot, J., where the application for listing on grant-in-aid list filed by petitioner was rejected.

Petitioner had filed an application for being listed on grant-in-aid list but the same was rejected by the State Government on the ground that proper representation was not filed before the competent authority and also due to the fact that the Scheme of State was not in continuation.

Petitioner contended that the impugned order was unsustainable in law and facts. Petitioner referred a case of State of U.P. v. Pawan Kumar Divedi, 2014 (9) SCC 692 where the Supreme Court had taken note of the subsequent amendments incorporated in the Constitution for ensuring the right of education as a fundamental right up to the age of 14 years. Hearing the contention of petitioner, respondent stated that the authorities of the State shall re-visit the issue.

High Court was of the view that the writ petition should succeed and was allowed. Therefore, impugned order was set aside. Further, State was directed to examine the petitioner’s claim for being taken on a list of aid in view of the case referred above. [Dr B.R. Ambedkar Primary Bal Vikas Sansthan Avam Junior High School v. State of U.P., 2019 SCC OnLine All 102, order dated 23-01-2019]

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