Block Development Officer Of Panchayat Samiti Cannot Cancel RTE Admissions: Bombay HC
The Bombay High Court ruled that a Block Development Officer (BDO) of a Panchayat Samiti does not have the authority to cancel admissions granted under the Right of Children to Free and Compulsory Education Act (RTE Act) of 2009.
The controversy began when the BDO of Dharashiv revoked the admissions of two young students who had been admitted to Sahyadri International School and Abhinav English School under the RTE scheme, intended for economically weaker sections of society. The admissions were secured through an online lottery system as mandated by the RTE Act and were confirmed after the Block Education Committee verified the students' documents.
A bench of Justice Ravindra V. Ghughe and Justice Y.G. Khobragade said, “though no power is vested in the Block Development Officer, Respondent No.5 herein, he cancelled the admission of both these Petitioners, illegally, unjustifiably and high-handedly”
Advocate M.B. Kolpe appeared for the petitioners Additional Government Pleader S.R. Wakale appeared for the Respondents.
The Court noted that the petitioners had submitted their applications before the cut-off date and that their documents had been duly verified as part of the admission process. Consequently, the bench declared the BDO's order to be "unjustifiable" and "illegal," and therefore quashed it. The Court also ordered the reinstatement of the children’s admissions.
Additionally, as compensation for the undue hardships caused by the BDO’s actions, the Court directed that a cost of ₹7,500 be paid to each of the petitioners. This amount is to be paid directly to the petitioners by September 30, as per the Court’s order.
Cause Title: Pradhumman Balasaheb Wadwale & Anr. v. State of Maharashtra, [2024:BHC-AUG:21095-DB]
Appearance:
Respondents: Additional Government Pleader S.R. Wakale, Advocate B.B. Bhise
