Patna High Court
Arti SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner must first approach the District Programme Officer with the necessary documents, and upon compliance the school must register the child on the portal and admit her under Section 12(1)(c) of the Right to Education Act, 2009.
Summary
Arti Singh filed a writ petition seeking admission of her daughter to St. Georgia Girls School as a beneficiary child under Section 12(1)(c) of the Right to Education Act, 2009. The school refused admission pending registration of the child on the government‑prescribed portal and demanded fee payment. The petitioner argued that her child had been allowed to study up to Class 1 as a beneficiary and was ready to comply with all formalities, citing her family’s below‑poverty‑line status. The Court directed the petitioner to approach the District Programme Officer (Establishment), Vaishali, with the required documents within two weeks. It held that if the petitioner complies, the school must register the child on the portal and admit her under the RTE Act. Consequently, the writ petition was disposed of after the direction.
Issues considered
- Whether the school is obligated to admit the petitioner’s daughter as a beneficiary child under Section 12(1)(c) of the Right to Education Act, 2009 despite the absence of portal registration.
- Whether the petitioner must first approach the District Programme Officer with requisite documents before the school can admit the child.
Legislation cited
- Right to Education Act, 2009 — s. 12(1)(c)
Subjects
- Right to Education
- beneficiary child
- school admission
- portal registration
- Section 12(1)(c)
- writ petition
- poverty line
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12008 of 2025
======================================================
Arti Singh, Wife of Kanhaiya Singh Resident of Hathsarganj, P.O.- Hajipur,
Police Station-,Hajipur Town, District-,Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Primary Education, Department of Education, Government of
Bihar, Patna.
4. The District Magistrate, Vaishali at Hajipur.
5. The District Education Officer, Vaishali, Hajipur.
6. The District Programme Officer, Vaishali, Hajipur.
7. The Block Education Officer, Hajipur Sadar, Vaishali.
8. The St. Georgia Girls School, Hajipur District- Vaishali.
9. The Principal, St. Georgia Girls School, Hajipur, District-Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the State : Mr. Kinkar Kumar, SC- 9
Mr. AC to SC -9
For the Resp. Nos. 8 & 9 : Mr. Udit Narayan Singh, Advocate
Mr. Gajendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-01-2026
Heard the parties.
2. In pursuant to the order of this Court dated
25.09.2025, a counter affidavit has been filed on behalf of
respondent nos. 8 and 9 with a categorical averment that in
terms with the letter issued by the Director, Primary Education,
Government of Bihar, the beneficiary child under Right to
Education Act, 2009 ought to be registered on the portal
Patna High Court CWJC No.12008 of 2025 dt.08-01-2026
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prescribed by the State Government for selection and admission
in the school. In the case at hand, the petitioner never got
registration of her child according to the Government Circulars
and thus the respondent school has asked the petitioner for
deposit of the fee. However, it has further stated that in case an
order is passed by the District Education Officer or District
Programme Officer (Establishment), Vaishali at Hajipur, the
respondent school is ready to allow the daughter of the
petitioner as beneficiary child in the light of Section 12(1)(c) of
the Right to Education Act, 2009.
3. Learned Advocate for the petitioner at this
juncture submitted that the petitioner’s daughter was allowed to
pursue her study in Montessori-I to Class 1 by treating her as a
beneficiary under Section 12(1)(c) of the Right to Education
Act, 2009 by extending free and compulsory education.
However, subsequently this plea has been taken that till date the
student has not been registered under the portal prescribed for
registration as beneficiary child. The petitioner is willing and
ready to complete all the requisite formalities. It has
categorically stated at the Bar that the petitioner’s family also
comes under the below poverty line and is also ready to provide
all the documents, as would be required by the concerned
authority.
Patna High Court CWJC No.12008 of 2025 dt.08-01-2026
3/3
4. Considering the submissions made by the learned
Advocate for the petitioner at the Bar, this Court directs the
petitioner to approach before the District Programme Officer
(Establishment), Vaishali at Hajipur along with all the necessary
documents alongwith the order of this Court preferably within a
period of two weeks from today.
5. In case, the petitioner appears before the District
Programme Officer (Establishment), Vaishali at Hajipur within
the stipulated period along with all the necessary documents, the
concerned respondent shall allow the petitioner’s daughter to get
her registered on the portal, if she fulfills all the requisite
conditions. After proper registration, necessary information be
given to the respondent nos. 8 and 9, who shall further be
obliged to allow the petitioner’s daughter to pursue her study in
the school, in question, under Section 12(1)(c) of the Right to
Education Act, 2009 forthwith.
6. With the aforesaid direction, the writ petition
stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.01.2026
Transmission Date NA
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