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2016 (8) TMI 1581 - HC - Indian LawsSeeking placing of applicant under Weaker Section (EWS)/Disadvantaged Group (DG) Category by granting age relaxation - petitioner-school submitted that MACT did not have the jurisdiction either to direct the petitioner-school to admit Master Priyanshu or to create seats qua EWS quota more than twentyfive per cent of the general category seats - HELD THAT:- This Court finds that admittedly the total number of students in Grade1 in the petitioner-school are thirty-four, whereas the number of students admitted in the EWS category are only seven - the obligation under Section 12(1)(c) of the RTE Act, 2009 is to "admit in Class 1, to the extent of at least twenty-five percent of the strength of that class" students from EWS category. Consequently, there is no bar on a private unaided school from admitting more than twenty-five per cent students in EWS category, provided the appropriate government agrees to pay for such extra seats under Section 12(2) of the RTE Act, 2009 - which the respondent no.2-DOE is willing to do in the present case. According to reports filed by the Field Officer and co-counsel for respondent no.2-DOE, Master Priyanshu speaks conversational Hindi and can understand and answer all questions in Hindi. He can also count in Hindi from numeral 1 till numeral 30 and he remembers the English alphabets A to Z. According to respondent no.2-DOE's Field Officer the child will pick up education quite quickly, if he is admitted in Class 1 - Since the petitioner-school did not grant Master Priyanshu admission, as an interim measure, he was admitted in Class 1 in a local municipal school. Master Priyanshu informed the Field Officer and co-counsel for respondent no.2-DOE that he enjoys attending classes in Grade 1 and is comfortable with his fellow students and what is being taught. This Court is of the view that as Master Priyanshu has not had any prior formal education, Class 1 which is the first class for formal education is the ideal class for him to begin his education. This view is also in consonance with the reports filed by the Field Officer and co-counsel for the respondent no.2-DOE - It is settled law that this Court has extremely broad jurisdiction under Article 226 of the Constitution and under the said Article it can pass whatever orders are necessary for doing equity and justice. The Supreme Court in N S Mirajkar Vs. State of Maharashtra, [1966 (3) TMI 77 - SUPREME COURT] has held that “unlike a inferior court, in respect of a High Court, which is also a Court of Record, it is assumed that every action is within its jurisdiction, unless expressly shown otherwise.” Though this Court is of the opinion that the impugned orders have been passed by the President Officer, MACT, with intent to do substantial justice and to give the victim of motor accident real succour, yet as they are without jurisdiction, they are set aside - This Court places on record its appreciation for the empathy and sensitivity displayed by the Presiding Officer, MACT, as well as officials of Directorate of Education and both the learned counsel for respondent No.2- DOE as well as the learned Amicus Curiae.
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