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S.Deep Sharan v. The Chief Educational Officer

Constitution of India, Article 226 – Writ of Mandamus – School admission

Madras HC27 Jan 2025WP/1699/2025

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What is this about?

Madras High Court, Vivek Kumar Singh J, W.P.No.1699 of 2025 decided 27.01.2025: mandamus under Article 226 for consideration of pending school-admission applications dated 30.04.2024 (LKG/UKG, AY 2024-2025) addressed to Chief Educational Officer, Kallakurichi; RTE Act 2009 urged by petitioners; direction to pass orders in accordance with law within two weeks; Kallakurichi schools (AKT Academy, RR Cambridge, AKT Memorial); disposed of with no costs.

What did the court decide?

Direction to the respondents to consider the petitioners' application dated 30.04.2024 and pass appropriate orders in accordance with law, preferably within two weeks from receipt of copy of the order; writ petition disposed of with no costs and connected miscellaneous petition closed ¶¶32

S.Deep Sharan Vs The Chief Educational Officer — Writ and Judicial Review | Madras HC (2025)

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W.P.No.1699 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS 27.01.2025

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CORAM

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THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH

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Writ Petition No.1699 of 2025 and W.M.P.No.1948 of 2025

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1.Deep Shaan 2.S.Idhazika 3.S.Abhinandan 4.Thamizhini 5.Lithanya 6.Magizhinika 7.Tamilselvan 8.Suthansri 9.Nirosha 10.Kirthikraj 11.A.M.Heerthicka 12.Krithvik 13.Magizhmithran 14.Loshika 15.Manobala 16.Naveen 17.Rakshika C 18.R.Lokesh 19.Thigazhisai, D., 20.Hemprasath 21.Nikilesh 22.Rithisri 23.Deekshitha 24.Varshini 25.Karthick 26.Kaveena 27.Yuvashri

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https://www.mhc.tn.gov.in/judis

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W.P.No.1699 of 2025

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28.Kavin Advik 29.Varshan 30.Vasanth, E., 31.R.Mohith 32.Lakshankumar ..Petitioners

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Vs.

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1.The Chief Educational Officer, Nepal Street, Kallakurichi-606 202.

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2.The District Collector, Collectorate, Kallakurichi- 606 202.

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3.The Correspondent,

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AKT Academy Matriculation Higher Secondary School, Neelamangalam Village, Kallakurichi.

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4.The Correspondent, RR Cambridge Higher Secondary School, Neelamangalam Village, Kallakurichi.

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5.The Correspondent, AKT Memorial Matriculation Girls School, Neelamangalam, Kallakurichi. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to admit these children in the school located in the locality and ensure uninterruptd education by considering their application dated 30.04.2024 and to direct them to admit the petitioners in any of the respondents 3 to 5 herein.

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W.P.No.1699 of 2025

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For Petitioners : M/s.V.Srimathi For Respondents : M/s.Akila Rajendran Government Advocate, for R1

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ORDER

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The petitioners represented by their parents, have come forward

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with the present writ petition seeking for a direction to the respondents to admit the petitioners/children in the school located in their locality by considering their application dated 30.04.2024 and direct them to admit the petitioners in any one of the respondents 3 to 5 schools.

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2. According to the petitioners, they are eligible for admission in Lower Kindergarten and Kindergarten and the parents of the petitioners have also applied for admission in schools through on-line mode to the 1st respondent by making application on 30.04.2024 for the academic year 2024-2025.

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3. The grievance of the petitioners is that while they were anticipating reply from the 1 st respondent having applied for admission in schools, till date there was no reply from the 1 st respondent.

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W.P.No.1699 of 2025

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4. The learned counsel for the petitioners would submit that there is a statutory obligation on the part of the respondents to adhere the provisions of The Right of Children to Free and Compulsory Education Act, 2009 by virtue of which, compulsory education for children has to be provided, but in the present case, unfortunately, the respondents have not responded properly, which constrained the petitioners to approach this Court finding no other alternative. Hence, the learned counsel sought for a direction to the schools to consider their application dated 30.04.2024 and accord admission to the petitioners in any one of the respondents 3 to 5 schools.

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5. Considering the submissions made by the learned counsel for the petitioners and also the limited prayer sought for in this writ petition, since the application dated 30.04.2024 made by the petitioners has been kept pending, this Court feels that it would be appropriate to direct the respondents to consider the application dated 30.04.2024 and hence, the respondents are directed to pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of two weeks from the date of receipt of copy of this order.

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W.P.No.1699 of 2025

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6. With the above directions, this writ petition is disposed of. No

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costs. Consequently, connected miscellaneous petition is closed.

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27.01.2025