Yuvika Garg vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner was admitted in a private/unaided school, which is a primary school under the provisions of Right to Education Act. The said school was

imparting education upto Vth Standard. Since petitioner has completed Vth Standard, therefore, she needs to be admitted to some other neighborhood

school. The Deputy Education Officer, Primary Education, Kashipur has issued a letter to Additional State Project Officer, Samagra Shiksha Scheme,

Dehradun seeking guidance in the matter. Since the Additional State Project Officer has not responded to the said letter issued by Deputy Education

Officer, Primary Education, Kashipur, therefore, the petitioner has approached this Court seeking the following relief:

“(i) Issue a writ order or direction in the nature of mandamus to direct the respondent no. 2 to take an appropriate decision upon the letter dated 3-

4-2021 (Annexure-2) pertains to the matter of petitioner’s admission in Class 6th under the provisions of Right to Education Act, 2009.â€​

Learned State Counsel was asked to get instructions in the matter. Today, learned Additional C.S.C., on instructions, submits that Deputy Education

Officer, Kashipur has no objection in giving admission to the petitioner in any school within 3 kms. of the residence under the provisions of Right to

Education Act.

In such view of the matter, the writ petition is disposed of with a direction to Deputy Education Officer, Kashipur to consider petitioner’s claim

and grant her admission in any school within 3 kms. of her residence under the provisions of Right to Education Act, within two weeks from today.