Court rules against procedural rigidity, emphasizes child's fundamental right to education under RTE Act
In a landmark decision reinforcing the Right to Education, the Bombay High Court ruled that a child's admission under the Right to Education (RTE) quota cannot be denied solely due to the non-production of a deceased father's caste certificate. The court emphasized that a mother's caste certificate, coupled with other corroborative evidence, is sufficient to establish the child's caste.
The case involved Ranjana Yogesh Jadhav, a single mother, who approached the court after her daughter's admission was rejected by education authorities. The rejection was based on the absence of a caste certificate from the father, who had passed away. Despite presenting her own caste certificate and the father's school leaving certificate proving his caste, authorities insisted on procedural compliance.
Justice N. J. Jamadar, presiding over the case, addressed the issue by highlighting the constitutional right to education. The court criticized the authorities for their rigid adherence to procedural norms, stating it violated the child's right to free and compulsory education. The judgment underscored the need for a liberal and holistic approach in situations where procedural deficiencies impede a child's educational rights.
The court referenced prior judgments, including the Supreme Court's stance on guardianship and caste determination in cases where the father is deceased or absent. It was noted that the child could adopt the mother's caste in such circumstances, challenging the insistence on the father's caste as an immutable rule.
The decision also pointed out the procedural oversight by authorities, as the father's school leaving certificate clearly recorded him as a member of the Dhangar community. The court deemed the rejection of this evidence arbitrary and emphasized that the fundamental right to education should not be compromised by procedural rigidity.
Ultimately, the court quashed the previous orders denying admission and directed the immediate enrollment of the petitioner's daughter, Arohee, under the RTE quota. This ruling sets a significant precedent, ensuring that procedural formalities do not hinder access to education, particularly for children in vulnerable situations.
Bottom line:-
Right to Education Act, 2009 - Admission under RTE quota cannot be denied solely on the ground that the caste certificate of the father, who is deceased, is not produced, especially when the mother's caste certificate and other supporting documents sufficiently establish the caste of the child.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009, Constitution of India, 1950 Article 21A
