Disposed

Baby Aasama (Minor) Thru. President v. State of U.P. Thru.Prin.Secy. Child Development Dept .Lko. and 6 Others

Allahabad HC13 May 2022/231/2022

Case brief

AI extract

What is this about?

This PIL concerning the education of a minor child named Baby Aasama was disposed of. The High Court noted the conflict between the petitioner's preference for quality education at Lucknow and the parents' desire for village schooling. Due to lack of willingness from both parties for a better educational arrangement, no order on that front was passed. Instead, the Court directed the Basic Shiksha

What did the court decide?

Directed Basic Shiksha Adhikari, Gonda to ensure continuous education/enrollment of the minor child at her present school and ensure regular teacher duties.

Baby Aasama (Minor) Thru. President Vs… — Child Custody and Guardianship | Allahabad HC (2022)

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Court No. - 2

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 231 of 2022

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Petitioner :- Baby Aasama (Minor) Thru. President Respondent :- State Of U.P. Thru.Prin.Secy. Child Development Dept .Lko. And 6 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Vindhya Washini Kumar

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Saima Khan in person, learned State Counsel for the State-respondents and Shri Vindhya Vasini Kumar, learned counsel for the Basic Shiksha Adhikari, Gonda.

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Pursuant to our order dated 07-05-2022, the respondent Nos. 6 and 7 who are the parents of Baby Aasama, are present. On our request, the minor child Baby Aasama is also present.

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Though this petition has been filed with laudable intentions and objects, however, unless and until some willingness is shown by the parents or even the girl child for studying in some school either at Lucknow or at Gonda, this Court is not in a position to pass any order in this regard.

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Ms. Saima Khan appears to be very passionate about the well being and education of the child who appears to have done fairly well in school where she has been studying at Lucknow i.e. City Montessori School. It is the non Government organization run by Ms. Saima Khan which has been bearing all the expenses i.e. fooding, lodging, education and other school fees of the minor child. However, when we interacted with the parents, they state that their child shall study in the school in the village. We also tried to persuade the parents as also the child that for a better future she may be permitted to study in her school at Lucknow or any other school at Gonda, however, neither the parents nor the child appear to be willing for the same. In such circumstances, we express our inability, though it is unfortunate to make any arrangement for ensuring better studies leading to better future of the girl child.

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However, we direct the Basic Shiksha Adhikari, Gonda that he shall personally ensure that the girl child receives continuous education in the school where she is presently enrolled and in case she is not enrolled, it shall be the personal responsibility of the Basic Shiksha Adhikari to enroll her and ensure that the

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teachers in her school attend their duties regularly. He shall also personally ensure through the Principal of the school that Baby Aasama attends the school and makes continued progress in her studies.

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We further provide that once Baby Aasama passes her ClassVIII, it shall be the personal responsibility of the District Inspector of Schools, Gonda to ensure that she is admitted in some High School or Intermediate institution and completes her education atleast upto to Intermediate level.

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We also direct that the Basic Shiksha Adhikari, Gonda and the District Inspector of Schools, Gonda shall explore the possibility of securing some scholarship either from Government sources or even from the private funding agencies and make the same available for ensuring continuous education of Baby Aasama. We direct that in case any scholarship or any other funds from the private or Government body are arranged, the same shall be utilized only in rearing the girl child and her education.

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Learned State Counsel is directed to communicate this order to the District Inspector of Schools, Gonda who shall be provided a copy of this order free of charge.

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Shri Vindhya Vasini Kumar, learned counsel for the Basic Shiksha Adhikari, Gonda also shall communicate this order to the BSA forthwith.

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We also direct the learned State Counsel to communicate this order to the District Magistrate, Gonda who shall personally ensure that this order is implement in its letter and spirit.

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With the aforesaid observations and directions, this petition is disposed of .

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Order Date :- 13.5.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.05.18 15:46:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Baby Aasama (Minor) Thru. President v. State of U.P. Thru.Prin.Secy. Child Development Dept .Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

Baby Aasama (Minor) Thru. President v. State of U.P. Thru.Prin.Secy. Child Development Dept .Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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